Legal Opinion

Earn Line S. S. Co. v. Manati Sugar Co.

Court of Appeals for the Second Circuit

Decided December 1, 1920No. 24PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of New York. label by the Earn Eine Steamship Company against the Manatí Sugar Company, which brought in the Federal Sugar Refining Company. From a decree disallowing the claim of libelant, and allowing the claims of respondents only in part, all parties appeal.

1Opinion of the Court

WARD, Circuit Judge.

January 4, 1918, at the city of New York, the Earn Fine Steamship Company chartered its steamer Harald to the Manatí Sugar Company to carry a cargo of sugar from Cuba and to deliver it at Yonkers, N. Y. The material provisions of the charter party are as follows:

“Fourth. * * * Lay days for discharging to begin when the vessel arrives and reports ready to deliver cargo, whether berthed or not. Any time spent at the port of call or discharging port (New York deemed port; of call if discharge to be at Yonkers) until receipt of orders to count as demurrage days; also any time…

2Cases cited1 opinion

  1. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891

3Cited by3 opinions

  1. CIA. Estrella Blanca, LTDA. v. S.S. NICTRICDistrict Court, D. Oregon · 1965
  2. Pierson & Co. v. Iwai & Co.District Court, S.D. New York · 1921
  3. The Plow CityDistrict Court, E.D. Pennsylvania · 1938

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