The Themis
District Court, S.D. New York
In Admiralty. Suit by the Gans Steamship Company against Wilhelm Wilhelmsen and a Norwegian corporation, as owners of the steamship Themis, Nova Scotia Steel & Coal Company, limited, and Barber & Co., Incorporated, impleaded.
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In Admiralty. Suit by the Gans Steamship Company against Wilhelm Wilhelmsen and a Norwegian corporation, as owners of the steamship Themis, Nova Scotia Steel & Coal Company, limited, and Barber & Co., Incorporated, impleaded. This proceeding was commenced by the filing of a libel in personam by the Gans Steamship Company against Wilhelm Wilhelmsen and a Norwegian corporation, as owners of the steamer Themis, for breach of a charter party entered into on March 24, 1910, the contents of which will he stated hereafter. It sought damages for the failure of the owners to deliver the Themis under…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above).
[1] The first question is whether the owners committed a breach in failing to deliver according to the terms of their own charter. The words used are as follows :
“To be placed at the disposal of the charterers at Philadelphia or Baltimore at owner’s option upon redelivery by Nova Scotia Steel & Coal Company between December 15th and January 5th each season as called for by charter arranged for this steamer between owners and the Nova Scotia Steel & Coal Company.”
The theory is that this clause, especially in the words “upon redelivery by,” creates an absolute…
2Cases cited14 opinions
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Bergh v. CeballosCourt of Appeals for the Second Circuit · 1894
- Straits of Dover S. S. Co. v. MunsonDistrict Court, S.D. New York · 1899
- The RygjaCourt of Appeals for the Second Circuit · 1908
- Trechmann S. S. Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Navieros Inter-Americanos, S.A., Inc. v. M/V "Vasilia Express"District Court, D. Puerto Rico · 1996