Hasler v. West India S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Frederick E. Hasler and others against the West India Steamship Company. Decree for libelants, and respondent appeals. On June 17, 1910, Hasler, Leitch & Co., chartered owners of the steamship M. C. Holm, entered into a charter party with the West India Steamship Company; the agreement being concluded in New York City.
Read the full summary
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Frederick E. Hasler and others against the West India Steamship Company. Decree for libelants, and respondent appeals. On June 17, 1910, Hasler, Leitch & Co., chartered owners of the steamship M. C. Holm, entered into a charter party with the West India Steamship Company; the agreement being concluded in New York City. Under this agreement the West India Company agreed to'furnish Hasler, Leitch & Co. “a full cargo, under deck, of sugar in bags.” Hasler, Leitch & Co. agreed on…
1Opinion of the CourtRogers, Circuit Judge
(after stating the facts as above). [1] The question for this court to decide is whether the respondent committed a breach of the charter party and is liable in damages therefore as decreed by the court below. In determining this question it is necessary to apply the ordinary principles of contract law. For a charter party is regarded, after all, as simply an ordinary contract and as such is subject to the same rules that govern ordinary contracts.
Under the terms of the contract in the case at bar the respondent or charterer had the right to load the libelant’s vessel with sugar at some one…
2Cases cited8 opinions
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Village of Hyde Park v. BordenIllinois Supreme Court · 1879
- Hedgepeth v. . RoseSupreme Court of North Carolina · 1886
- Watkins v. GreenMichigan Supreme Court · 1894
- Lydig v. BramanMassachusetts Supreme Judicial Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rabouin v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1952
- Reynolds v. Detroit Fidelity & Surety Co.Court of Appeals for the Sixth Circuit · 1927
- United Steed Co. v. CaseyCourt of Appeals for the Sixth Circuit · 1920
- In Re Utility Oil CorporationCourt of Appeals for the Second Circuit · 1934
- Moss v. Aetna Life Ins. Co.Court of Appeals for the Sixth Circuit · 1934
7 more not listed; retrieve them via the Exa API.