Aktieselskabet Korn-Og Foderstof Kompagniet v. Rederiaktiebolaget Atlanten
District Court, S.D. New York
In Admiralty. Suit by the Aktieselskabet Korn-Og Foderstof Kom-pagniet against the Rederiaktiebolaget Atlanten. This is a libel in admiralty to recover damages for the breach of a charter party against the owner. On January 8, 1915, the owner without excuse withdrew the ship from the charter and employed her upon another voyage. Thereupon the charterer libeled her, and set up the charter party and the letter of withdrawal as part of his libel.
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In Admiralty. Suit by the Aktieselskabet Korn-Og Foderstof Kom-pagniet against the Rederiaktiebolaget Atlanten. This is a libel in admiralty to recover damages for the breach of a charter party against the owner. On January 8, 1915, the owner without excuse withdrew the ship from the charter and employed her upon another voyage. Thereupon the charterer libeled her, and set up the charter party and the letter of withdrawal as part of his libel. To this the owner pleaded: First. That the charter party had been made in Denmark, between two corporations of Sweden and Denmark, and that the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). Were not the law of Denmark and Sweden pleaded so broadly, I think that it would be possible to dispose of the arbitration clause without recourse to the question whether such clauses go to the remedy, and not to the right. It is clear that the respondent did not intend to rely upon the clause in the letter of January 8, 1915, and did not suppose the case was one for arbitration at all. What it did rely on was the penalty clause, under which it thought itself protected, and which made it to its interest to repudiate as soon as freight got above 34…
2Cases cited7 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Hamilton v. Home InsuranceSupreme Court of the United States · 1890
- Meacham v. Jamestown, Franklin & Clearfield RailroadNew York Court of Appeals · 1914
- United States Asphalt Refining Co. v. Trinidad Lake Petroleum Co.District Court, S.D. New York · 1915
- Watts v. CamorsSupreme Court of the United States · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Shanferoke Coal & Supply Corp. of Delaware v. Westchester Service Corp.Court of Appeals for the Second Circuit · 1934
- Murray Oil Products Co. v. Mitsui & Co.Court of Appeals for the Second Circuit · 1944
- Coronet Phosphate Co. v. United States Shipping Co.District Court, S.D. New York · 1917
- In Re Utility Oil CorporationCourt of Appeals for the Second Circuit · 1934
9 more not listed; retrieve them via the Exa API.