The Ask
District Court, S.D. New York
In Admiralty. L,ibel in rein against the Ask and in personam against her owner for breach of contract Libelant was time charterer of the Ask for fojir round trips from North Atlantic ports to the West Indies and/or any Central or South American port (with some trifling exceptions) north of the River Plate. The charter party is entitled, in prominent type, “Time Charter, West India Fruit Trade.”
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In Admiralty. L,ibel in rein against the Ask and in personam against her owner for breach of contract Libelant was time charterer of the Ask for fojir round trips from North Atlantic ports to the West Indies and/or any Central or South American port (with some trifling exceptions) north of the River Plate. The charter party is entitled, in prominent type, “Time Charter, West India Fruit Trade.” It provides for building a deck in, the' vessel’s hold “strong enough to hold tiers' of fruit.” It prohibits the crew from carrying “bananas or other merchandise for thoir own account,” and declares…
1Opinion of the Court
HOUGH, District Judge.
The claim for loss of bananas becomes academic, through the unexpected testimony showing that libelant had lost nothing by the destruction thereof. The Habil (D. C.) 100 Fed. ISO. But my view of that question may render clearer the disposition of the rest of the case. This is not an instance of premature cutting of perishable fruit, as in The Curlew, 55 Fed. 1003, 5 C. C. A. 386, and The Disa (D. C.) 153 Fed. 322. These cases recognize the duty on the charterer’s _part to give timely and reasonable notice of inability to perform his expected contractual obligation. As…
2Cases cited8 opinions
- Van Doren v. Pennsylvania R.Court of Appeals for the Third Circuit · 1899
- The MinnetonkaCourt of Appeals for the Second Circuit · 1906
- Morgan v. HalberstadtCourt of Appeals for the Second Circuit · 1894
- The HamiltonCourt of Appeals for the Second Circuit · 1906
- Gubbins v. LaughtenschlagerU.S. Circuit Court for the Southern District of Iowa · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Aaby v. States Marine Corp.District Court, S.D. New York · 1948
- The Corfe CastleDistrict Court, E.D. New York · 1915
- The Fort MorganDistrict Court, D. Maryland · 1921