Constantine & Pickering S. S. Co. v. West India S. S. Co.
District Court, S.D. New York
In Admiralty. Suit by the Constantine & Pickering Steamship Company, owner of the steamship Kingswood, against the West India Steamship Company for breach of charter, impleaded with the S. W. Bonsall Timber Properties. On exceptions to commissioner’s report awarding damages. The steamship Kingswood was chartered from her owners, Constantine & .Pickering Steamship Company, by the West India Steamship Company at the rate of £650 per calendar month.
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In Admiralty. Suit by the Constantine & Pickering Steamship Company, owner of the steamship Kingswood, against the West India Steamship Company for breach of charter, impleaded with the S. W. Bonsall Timber Properties. On exceptions to commissioner’s report awarding damages. The steamship Kingswood was chartered from her owners, Constantine & .Pickering Steamship Company, by the West India Steamship Company at the rate of £650 per calendar month. The charter provided for redelivery at a United States Atlantic or Gulf port. The term of hire ended at 7 p. m. on April 10, 1912, and the vessel…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above. [ 1 ] Upon the damages for delay the point is this: Where there is delay in the surrender of the ship at the end of a time charter, or an “overlap,” so-called, whether in assessing damages the best going rates of hire may be taken at the place of delivery without regard to the position in which the ship would have left at the termination of the fixture. Freights were very high, going eastward, at the time of delivery required in the charter, owing to an English coal strike; but they were low coming west. The commissioner declined to give as damages the high…
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