Elvers v. Grace
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Suit in admiralty by Martin H. A. F.lvers and Frederick A. E. Zimmer, owners of the ship Schwarzenbek, against W. R. Grace §z Co., a corporation. Decree for respondent on exceptions to libel, and libelants appeal.
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Appeal from the District Court of the United States for the First Division of the Northern District of California; Maurice T. Dooling, Judge. Suit in admiralty by Martin H. A. F.lvers and Frederick A. E. Zimmer, owners of the ship Schwarzenbek, against W. R. Grace §z Co., a corporation. Decree for respondent on exceptions to libel, and libelants appeal. Libelants are engaged in business in the city of Hamburg, Germany, as copartners under the firm name and style of Knohr & Burchard, Nil., and are the owners of the steel ship Schwarzenbek. The respondent is a corporation organized and existing…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). There is but one question for review by this court, namely: Does tire amend*707ed libel state a cause of action against the respondent (appellee) ? The determination’of that question rests upon the construction oí the charter party signed by the parties, with particular reference to the effect to be given to the lien and cesser clause therein contained.
The charter party specifically states the number of lay days which shall be allowed to the charterers for loading of the vessel, and the conditions for discharge of cargo, and then follows the agreement by the…
2Cases cited7 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- Crossman v. BurrillSupreme Court of the United States · 1900
- Davis v. Smokeless Fuel Co.Court of Appeals for the Second Circuit · 1912
- The Hyperion's CargoDistrict Court, D. Massachusetts · 1871
- Schmidt v. KeyserCourt of Appeals for the Fifth Circuit · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Yone Suzuki v. Central Argentine Ry., Ltd.Court of Appeals for the Second Circuit · 1928
- Bruusgaard v. AcostaCourt of Appeals for the Second Circuit · 1923
- W. R. Grace & Co. v. HansenCourt of Appeals for the Ninth Circuit · 1920
- Solberg v. Cargo of Steel RailsDistrict Court, D. Massachusetts · 1927