Donkin v. Herbst
District Court, S.D. New York
In Admiralty. Libel by Richard S. Donkin et al. against Robert Herbst and others to recover charter hire oi' the steamer Shadwan, and cross-libel by respondents against libelants for damages in failing to obey charterer’s orders.
1Opinion of the Court
Brown, District Judge.
The original libel was filed to recover the charter hire of the British steamer Shadwan, which was chartered to the defendant Robert Herbst, under a time charter from December 8,1886, to run within specified limits, from “Yew York to port or ports in the river Platte and back to port or ports in the United States, or in the United Kingdom, and in the continent of Europe between Bordeaux and Hamburg.”
As a counter-claim the answer and cross-libel set up a small item of damage through the misdelivery of a part of the cargo at Buenos Ayres and Montevideo, and a much larger…
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