Schoonmaker-Conners Co. v. Lambert Transp. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Schoonmaker-Conners Company, Incorporated, against the Lambert Transportation Company. Decree for respondent, and libelant appeals. On December 4, 1917, the Schoonmaker Company chartered to Lambert Company two lighters.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Schoonmaker-Conners Company, Incorporated, against the Lambert Transportation Company. Decree for respondent, and libelant appeals. On December 4, 1917, the Schoonmaker Company chartered to Lambert Company two lighters. The agreement was in writing and declared that the charter was “for the term of one month, * * * time to commence December 3, 1917.” It further provided that “these lighters, when light, will be returned to us in the towing limits of New York Harbor.” On December…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It
is urged that the facts presented bring this cause within what are generally known as the “underlap and overlap” decisions relating to charter parties (Prebensons v. Munson, 258 Fed. 227, 169 C. C. A. 295, and cases cited: The Herm, 170 Fed. 60, 95 C. C. A. 336), and that respondent should therefore be charged with nothing more than the charter hire for the period of detention. But these cases all rest on the finding of fact that the extended or reduced period of service was within the contemplation of the parties, that the contract was meant *585to cover…
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