Dernier v. H. Baars Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Florida. The H. Baars Company, now called the Pensacola Land & Lumber Company, on the 6th of June, 1896, chartered the British bark Assyria, then lying in the harbor of Ship Island, to carry a cargo of resawn pitch-pine lumber from Pensacola, Fla., to Buenos Ayres, South America.
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Appeal from the District Court of the United States for the Northern District of Florida. The H. Baars Company, now called the Pensacola Land & Lumber Company, on the 6th of June, 1896, chartered the British bark Assyria, then lying in the harbor of Ship Island, to carry a cargo of resawn pitch-pine lumber from Pensacola, Fla., to Buenos Ayres, South America. The charter party, among other things, contained the following provisions: “The said party of the second part doth engage to provide and furnish to the said vessel a full and complete cargo of resawn pitch-pine lumber, under and upon…
1Opinion of the CourtPardee, Circuit Judge
By a provision" in the charter party, the custom of the port is to be observed in all cases when not otherwise specifically expressed in the charter party. The charterers contracted to furnish the vessel in the port of Pensacola a full and complete cargo of resawn pitch-pine lumber. By the well-proved custom in the port of Pensacola, resawn pitch-pine lumber included all kinds of sawn pine lumber and square pine timber. It was therefore clear that the charterers had a right to deliver, as they did, pine square timber as a part of the cargo of the vessel, and all contentions of the claim*319ant…
2Cases cited3 opinions
- Baldwin v. Sullivan Timber Co.New York Court of Appeals · 1894
- Guerard v. The LovspringDistrict Court, D. South Dakota · 1890
- Myers v. The UnionistDistrict Court, E.D. Virginia · 1891
3Cited by3 opinions
- Hagerman v. NortonCourt of Appeals for the Fifth Circuit · 1901
- Mikkelsen v. A Cargo of SugarDistrict Court, E.D. Pennsylvania · 1918
- Alexander Pickering & Co. v. Chinese American Cold Storage Ass'nCourt of Appeals for the Ninth Circuit · 1934