Speeding v. Hard
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Texas. This was a libel in rem by Hard & Rand against the steamship Iona (Speeding, Marshall & Co., claimants), to recover the amount of certain exactions made by the master before he would consent to deliver cargo. The district court rendered a decree for libelants in the sum of $650.57, with interest, and the claimants have appealed.
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Appeal from the District Court of the United States for the Eastern District of Texas. This was a libel in rem by Hard & Rand against the steamship Iona (Speeding, Marshall & Co., claimants), to recover the amount of certain exactions made by the master before he would consent to deliver cargo. The district court rendered a decree for libelants in the sum of $650.57, with interest, and the claimants have appealed. The libel in this cause is brought for the recovery of an amount of $468.75, which the master of the steamship Iona exacted from consignees before he consented to deliver cargo at…
1Opinion of the CourtPardee, Circuit Judge
(after stating the facts). This suit is founded on a charter party which contains, among others, the following provisions:
“The bills of lading to be signed without prejudice to this charter, and any difference to be settled before vessel sails.” “The cargo or cargoes to be received and delivered according to the customs of the ports of loading and discharge.” “Charterers’ responsibility to cease when cargo is all on board and bills of lading signed, but master or owners to have an absolute lien on cargo for freight, dead freight, or demurrage.”
The bills of lading issued to the charterers and…
2Cases cited6 opinions
- The OregonSupreme Court of the United States · 1895
- The BeaconsfieldSupreme Court of the United States · 1895
- The Charles MorganSupreme Court of the United States · 1885
- Lamb v. ParkmanDistrict Court, D. Massachusetts · 1857
- Ardan S. S. Co. v. ThebandDistrict Court, S.D. New York · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- The WildenfelsCourt of Appeals for the Second Circuit · 1908
- MINISTRY OF COMMERCE, ETC. v. Marine Tankers Corp.District Court, S.D. New York · 1960
- Strachan Shipping Co. v. Alexander Eccles & Co.Court of Appeals for the Fifth Circuit · 1928
- In the Matter of the Vessel Marine Sulphur Queen. Marine Sulphur Transport Corporation, as Owner, and Marine Transport Lines, Inc., as Demise Charterer, Bethlehem Steel Corporation, Impleaded United States Fire Insurance Co., Cargo Claimant-Appellee and Ida Ruth Heard, Death Claimants-Appellees AndCourt of Appeals for the Second Circuit · 1972
- In re the Vessel Marine Sulphur QueenCourt of Appeals for the Second Circuit · 1972