Orr & Laubenheimer Co. v. The Nicaragua
District Court, S.D. Alabama
This was a libel in rein by the Orr & Laubenheimer Company, Limited, against the Norwegian steamship Nicaragua, to recover under a charter party for the loss by deterioration of perishable cargo during detention of the vessel in quarantine at the port of 1V1 obile. Libelants, fruit importers at Mobile, Ala., were the charterers of the steamer Nicaragua.
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This was a libel in rein by the Orr & Laubenheimer Company, Limited, against the Norwegian steamship Nicaragua, to recover under a charter party for the loss by deterioration of perishable cargo during detention of the vessel in quarantine at the port of 1V1 obile. Libelants, fruit importers at Mobile, Ala., were the charterers of the steamer Nicaragua. She was chartered under a time charter x>arty made in New Orleans, La., for the tropical fruit trade, — that is to say, to bring bananas and like fruit to Mobile from Central America, — and the carrying of any lawful merchandise and…
1Opinion of the Court
TOULMIN, District Judge.
On due consideration of the evidence and the law applicable thereto, I have reached the following conclusions:
3. That the charter party, on which this suit is founded, was not a demise of the vessel. By its terms the general owner did not part with the possession, command, and navigation of the vessel. *726The language used shows no intent to transfer such possession, command, and control. The contract was for the use of the vessel by the charterers for a specified period of time. Reed v. U. S., 11 Wall. 591; U. S. v. Shea, 152 U. S. 178, 14 Sup. Ct. 519; Leary v. U. S.,…
2Cases cited6 opinions
- Leary v. United StatesSupreme Court of the United States · 1872
- United States v. SheaSupreme Court of the United States · 1894
- Reed v. United StatesSupreme Court of the United States · 1871
- Morris Beef Co. v. The Wells CityCourt of Appeals for the Second Circuit · 1894
- Donkin v. HerbstDistrict Court, S.D. New York · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- American Steel-Barge Co. v. Cargo of Coal ex the City of EverettDistrict Court, D. Massachusetts · 1901
- Crescent City Transp. Co. v. TownsleyDistrict Court, D. Washington · 1901
- Boston Elevated Ry. Co. v. MalleyDistrict Court, D. Massachusetts · 1923
- Gormley v. Thompson-Lockhart Co.District Court, E.D. Pennsylvania · 1916
- The Queen OlgaDistrict Court, S.D. New York · 1908