Tweedie Trading Co. v. George D. Emery Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This cause conies here upon appeal from a decree of the District Court, Southern District of New York, awarding to the libelant $317.41 on account of charter hire, paid in advance, of the steamship Osceola, which was let to libel-ant for a round trip to and from certain named foreign ports on the agreement of charterer to pay for her use and hire £900 British sterling per month, and at…
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Appeal from the District Court of the United States for the Southern District of New York. This cause conies here upon appeal from a decree of the District Court, Southern District of New York, awarding to the libelant $317.41 on account of charter hire, paid in advance, of the steamship Osceola, which was let to libel-ant for a round trip to and from certain named foreign ports on the agreement of charterer to pay for her use and hire £900 British sterling per month, and at the same rate for any part of a month. The owners agreed to let the vessel “with full complement of officers, seamen,…
1Opinion of the Court
LACOMBE, Circuit Judge.
The sole question in the case is whether under the terms of the charter it should be held that the hire ceased from April 10, 1905, at ⅛ p. m.. when she arrived at the quarantine station, New York Harbor, until April 1?, 1905, at 9:30 a. m., when she left quarantine for her berth in New York.
The vessel had sailed from Para for B’rbadoes with a foul bill of health, and she sailed from Barbadoes for New York in like condition. When she reached the station, she was stopped, the quarantine flag hoisted, and part of the crew, those who were actually sick, were removed to…
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