Kerr v. Schwaner
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon. Suit in admiralty, by J. H. Schwaner, as master of the steamship Tiberius, against Peter Kerr, Thomas Kerr, and Andrew Kerr, partners as Kerr, Gifford & Co. Decree for libelant, and respondents appeal.
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Appeal from the District Court of the United States for the District of Oregon. Suit in admiralty, by J. H. Schwaner, as master of the steamship Tiberius, against Peter Kerr, Thomas Kerr, and Andrew Kerr, partners as Kerr, Gifford & Co. Decree for libelant, and respondents appeal. The case comes here upon an appeal from the decree of the District Court in favor of the libelant for the sum of $1,531.74, with interest and costs in a cause of demurrage by reason of the delay of the respondents in loading the German steamship Tiberius of Hamburg.
1Opinion of the Court
MORROW, Circuit Judge.
The charter party in this case is dated October 3, 1907, and provides for a full and complete cargo (not ex-*661cecding what she can reasonably stow or carry) of wheat in sacks to he loaded at Portland, Or. The charter party contains the following provisions :
“8. Fourteen working lay days (Sundays, holidays, and rainy days * * * not to he counted as lay or working days), to commence twenty-four hours after the inward cargo and or ballast shall have been finally discharged, and the captain has given charterers written notice, accompanied by surveyor’s certificate that his…
2Cases cited7 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Merriam v. United StatesSupreme Court of the United States · 1883
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- United States v. Utah, Nevada & California Stage Co.Supreme Court of the United States · 1905
- The Ship Virgin v. VyfhiusSupreme Court of the United States · 1834
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