Hind, Rolph & Co. v. Ostrander
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in admiralty by H. F. Ostrander against Hind, Rolph & Co., a copartnership, and cargo of lumber loaded in the schooner Devi W. Ostrander. Decree for libelant, from which both parties appeal.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in admiralty by H. F. Ostrander against Hind, Rolph & Co., a copartnership, and cargo of lumber loaded in the schooner Devi W. Ostrander. Decree for libelant, from which both parties appeal. On May 15, 1917, the appellee, as agent for the owners of a schooner then building at Tacoma, Wash., entered into a contract of charter party with Hind, Rolph & Oo. of San Francisco. The charter party provided that the schooner should proceed from the yard…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). We find no ground to disturb the conclusion of the trial court as to the appellee’s claim for demurrage from and after October 15. The appellants contend that they should not in any event be charged with lay days before October 18, for the reason that the master was instructed by the appellee not to load before that day. The contention is not sustained by the evidence. On October 14, on the schooner’s arrival at Port Angeles, the master delivered to the Puget Sound Mills 6 Timber Comx>any, the charterers’ representative, a letter stating *408that the master was…
2Cases cited11 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- W. K. Niver Coal Co. v. Cheronea S. S. Co.Court of Appeals for the First Circuit · 1905
- Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
- India & Owners v. DonaldCourt of Appeals for the Fifth Circuit · 1891
- Sorensen v. KeyserCourt of Appeals for the Fifth Circuit · 1892
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