Legal Opinion
Bailey v. Manufacturers' Lumber Co.
District Court, S.D. New York
Decided June 22, 1915PublishedCited by 13 opinions
In Admiralty. Suit -by George Bailey against the Manufacturers5 .Cumber Company.
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The charter party contains the clause:
“It is agreed that the lay days for loading and discharging shall be as follows: At an average rate of not less than forty thousand superficial feet of lumber or equivalent of laths, per weather working day.”
The first point is whether the time taken in loading and discharging shall all be brought into hotchpot, or whether each period must be reckoned separately. The authorities are not very helpful. Judge Brown’s decision in The Ocean Prince (D. C.) 50 Eed. 115, does not raise the question at all, because the ship earned…
2Cases cited13 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- Crossman v. BurrillSupreme Court of the United States · 1900
- Keeble v. KeebleSupreme Court of Alabama · 1888
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Donnell v. Amoskeag Mfg. Co.Court of Appeals for the First Circuit · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hanlon Drydock & Shipbuilding Co. v. G. W. McNear, Inc.California Court of Appeal · 1924
- Trans-Asiatic Oil Ltd., S.A. v. Apex Oil CompanyCourt of Appeals for the First Circuit · 1986
- Dj Manufacturing Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1996
- United States v. Czarnikow-Rionda Co.Court of Appeals for the Second Circuit · 1930
- Hellenic Lines, Ltd. v. Director General of the India Supply Mission ex rel. Union of IndiaDistrict Court, S.D. New York · 1970
8 more not listed; retrieve them via the Exa API.