Standard Varnish Works v. Steamship "Bris"
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The bill of lading should be construed as a whole, with, reference to the main object — transportation to and delivery at destination. Reasonable effect should be given to it by holding that if the contract should not be performed by the shipowner he is not liable in damages to the shipper, but shall not retain the freight.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. The bill of lading should be construed as a whole, with, reference to the main object — transportation to and delivery at destination. Reasonable effect should be given to it by holding that if the contract should not be performed by the shipowner he is not liable in damages to the shipper, but shall not retain the freight. The action of the Government constituted “commercial frustration of the adventure,” which dissolves the contract. Horlock v. Beal, 114 L. T. 193; Admiral Shipping Co.…
1Opinion of the CourtJustice McKenna
'delivered the opinion of the court.
This case was submitted with Nos. 449 and 450 [.Allan vdlde Transport Corporation v. Vacuum Oil Co., ante, 377], and No. 479, [International Paper Co. v. The Grade D. Chambers, ante, 387], being, a suit in admiralty, as they were, to recover prepaid freight upon a shipment of articles of merchandise which were not carried to destination, the carriage having been prevented-by action of the Government. Judgment was rendered for libelant and the case taken to the Circuit Court of Appeals.
The case is here on certificate from that court, induced, as the court…
2Cited by19 opinions
- Kintner v. WolfeArizona Supreme Court · 1967
- Globe & Rutgers Fire Ins. Co. v. United StatesCourt of Appeals for the Second Circuit · 1939
- Silva v. Bankers Commercial CorporationCourt of Appeals for the Second Circuit · 1947
- The LouiseDistrict Court, D. Maryland · 1945
- Mitsubishi Shoji Kaisha, Ltd. v. Societe Purfina MaritimeCourt of Appeals for the Ninth Circuit · 1942
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