The Kaupanger
District Court, S.D. New York
In Admiralty. Suit by Actieselskabet Kaupanger against Marden, Orth & Hastings Company for charter, hire, and cross-libel for loss of cargo space. Interlocutory decree, with reference. Dibel -for hire of the steamship Kaupanger on a time charter party. The charterers counterclaim for loss' of a part of the ship’s holds, and also seek to defend against the hire and the owner’s damages after withdrawal.
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In Admiralty. Suit by Actieselskabet Kaupanger against Marden, Orth & Hastings Company for charter, hire, and cross-libel for loss of cargo space. Interlocutory decree, with reference. Dibel -for hire of the steamship Kaupanger on a time charter party. The charterers counterclaim for loss' of a part of the ship’s holds, and also seek to defend against the hire and the owner’s damages after withdrawal. The charter party was made on May 15, 1015, for two round trips United States to France not north of Brest, of the ship,' Kaupanger, dead weight 4,800 tons, to be placed at the disposal of the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The confusion in this case arises, I think, from a failure to distinguish between the volume and the weight of the cargo. The ship was built to fill her holds and decks, “all the reach of the vessel’s holds, decks and usual places of loading and accommodation.” Her water ballast should have been enough to hold her stiff if she filled even her cattle deck with any homogeneous cargo which did not set her below her marks. If she was tender before she filled the cattle deck, so that added ballast was necessary, the charterer would be deprived of the space…
2Cases cited4 opinions
- Munson S. S. Line v. Glasgow Nav. Co.Court of Appeals for the Second Circuit · 1916
- Corsar v. J. D. Spreckels & Bros.Court of Appeals for the Ninth Circuit · 1905
- Bregaro v. The CenturionDistrict Court, S.D. New York · 1893
- The DiademDistrict Court, E.D. New York · 1870
3Cited by3 opinions
- Nichimen Company, Inc. v. M. v. Farland, Her Engines, Boilers, Etc., and A/s Vigra, Defendants-Appellants-Appellees v. Seaboard Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1972
- Sucrest Corp. v. M/V JenniferDistrict Court, D. Maine · 1978
- Hayes v. Wilh Wilhelmsen Enterprises Ltd.Court of Appeals for the Eleventh Circuit · 1987