Sorensen v. Keyser
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of Mississippi. In Admiralty. Libel by Jacob E. Sorensen and others, owners of the bark Urania, against W. S. Keyser, for demurrage. The libel was dismissed, (see 48 Fed. Rep. 117,) and the libelants appealed.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of Mississippi. In Admiralty. Libel by Jacob E. Sorensen and others, owners of the bark Urania, against W. S. Keyser, for demurrage. The libel was dismissed, (see 48 Fed. Rep. 117,) and the libelants appealed. The cage was then heard on motion of appellee to be allowed to take testimony as to the meaning of certain words in the charter party, which motion was overruled. 51 Fed. Rep. 30. The case is now on final hearing. Reversed.
1Opinion of the Court
Pardee, Circuit Judge.
On the 11th day of October, 1889, the Norwegian bark Urania, then lying in the port of Liverpool, was chartered by W. S. Keyser to take a cargo of pitch pine timber from Ship island, or Pensacola, as ordered, to some port in the United Kingdom of Great Britain, or the Continent. The charter contained the usual general stipulations, and, in addition, the following special clauses, which are the subject of dispute in this cause:
“Twenty-seven (27) working days are to be allowed the said merchant in which to deliver the cargo at the port of loading, which is understood to…
2Cases cited1 opinion
- India & Owners v. DonaldCourt of Appeals for the Fifth Circuit · 1891
3Cited by11 opinions
- Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
- Tweedie Trading Co. v. Pitch Pine Lumber Co.District Court, S.D. New York · 1907
- Hughes v. J. S. Hoskins Lumber Co.District Court, D. New Jersey · 1905
- Durchman v. DunnDistrict Court, S.D. New York · 1900
- Wright v. KingCourt of Appeals of Texas · 1927
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