J. K. Armsby Co. v. Actieselskabet Dampskibet Island
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Libel filed by the J. K. Armsby Company against the steamship Es-rom, her engines, etc., Actieselskabet Dampskibet Island, claimant. 'Decree for libelant (261 Fed. 624). Claimant appeals.
1DissentWard, Circuit Judge
The owners of this steamer chartered her for one voyage to the Interocean Transportation Company, to be put on the berth as a general ship. The charter party was not a demise. Article 13 of the charter party provided that “the captain shall sign bills of lading or master’s receipts as and when presented, without prejudice or reference to this charter party,” a provision which did not preclude the owners from authorizing some other agent to sign, either expressly or impliedly.
The prunes were loaded aboard August 8, and the bill of lading signed by the Transportation Company August 11, making…
2Cases cited7 opinions
- The DelawareSupreme Court of the United States · 1872
- Wyman v. The SprottDistrict Court, S.D. New York · 1895
- CampbellDistrict Court, W.D. New York · 1905
- New York & Porto Rico S. S. Co. v. Guanica CentraleCourt of Appeals for the Second Circuit · 1916
- The EsromCourt of Appeals for the Second Circuit · 1920
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