Karran v. Peabody
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. On appeal from a decree of the District Court for the Southern District, sustaining exceptions and dismissing the libel filed by the owner of the ship Macdiarmid, to recover damages for an alleged breach by the charterers, appellees herein, of a charter party of said ship, dated September 22, 1902.
1Opinion of the Court
COXE, Circuit Judge.
The principal controversy arises over the following clause of the charter party:
“Should the vessel not arrive at New York in good order on or before sunset February 1st, 1903, charterers have the option of canceling the charter.”
The vessel did not arrive in New York until March 3d, a month later, when the charterers declined to load her.
It is manifest that if nothing had occurred between the parties prior to the arrival of the vessel in New York the charterers’ right to cancel on March 3d would be unquestioned. But the libel alleges that “while on her way to the port of…
Also in this document: Concurrence.
2Cases cited3 opinions
- Street v. The ProgresoCourt of Appeals for the Third Circuit · 1892
- Street v. The ProgressoDistrict Court, E.D. Pennsylvania · 1890
- Hall v. KellyDistrict Court, S.D. New York · 1892
3Cited by2 opinions
- Sanday v. United States Shipping Board Emergency Fleet Corp.District Court, S.D. New York · 1924
- Sanday v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925