Legal Opinion

India & Owners v. Donald

Court of Appeals for the Fifth Circuit

Decided December 7, 1891PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Southern District of Mississippi. Libel by Donald Bros. & Co. against the Norwegian bark India for damages for failure of her master to give a clear bill of lading. Judgment for libelants, and dismissing cross-bill for demurrage. The owners appeal.

1Opinion of the Court

Locke, District Judge.

This vessel, the owners of which are appel-

lants herein, being at Limerick, was chartered to appellees, Donald Bros. &Co., of Mobile, to proceed with dispatch to Pensacola or Ship island, at the option of charterers, there to load with sawn timber or boards, as the shipper might direct. The terms of the charter-party, as far as necessary to a determination of the questions in this case, are:

“The shippers shall supply, if legal, and if required by the master, a deck-load, to consist (at shippers’ option) of sawn timber and or deals and or boards at full freight. The cargo…

2Cited by11 opinions

  1. Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
  2. Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co.District Court, D. Maryland · 1921
  3. Sorensen v. KeyserCourt of Appeals for the Fifth Circuit · 1892
  4. Harding v. Cargo of 4,698 Tons of New Rivers Steam CoalDistrict Court, D. Maine · 1906
  5. N. V. Zuid-Hollandsche Scheepvaart Maatschappij of Rotterdam v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1932

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