McIntyre Bros. & Co. v. South Atlantic Steamship Line
Court of Appeals of Georgia
Complaint; from city court of Savannah—Judge Davis Freeman. March 20, 1912. McIntyre Brothers & Company (the plaintiffs), as ship-owners, entered into a charter-party with the South Atlantic Steamship Line (the defendant) as a charterer, by the terms of which the plaintiffs’ steamship “Kelianee” was to be loaded by the defendant with a cargo to be provided by the defendant at Savannah, Georgia, and carried by the said steamship to Havre and Hamburg.
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Complaint; from city court of Savannah—Judge Davis Freeman. March 20, 1912. McIntyre Brothers & Company (the plaintiffs), as ship-owners, entered into a charter-party with the South Atlantic Steamship Line (the defendant) as a charterer, by the terms of which the plaintiffs’ steamship “Kelianee” was to be loaded by the defendant with a cargo to be provided by the defendant at Savannah, Georgia, and carried by the said steamship to Havre and Hamburg. The contract provided that the captain “shall sign bills of lading as and when presented,” without prejudice to the contract. In pursuance of…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
Stripped of the many collateral questions which have been presented in the exhaustive briefs of the very learned counsel for both parties, the solution of the question as to whether the defend-» ant is liable to the plaintiffs depends at last upon the construction of the contract by which they are bound, and which we think the lower court properly construed. The case is not affected by rulings, almost without number, which we have examined, where the charter-party differed from the' one involved in this case. A charter-party, after all, is nothing more than…
2Cases cited5 opinions
- Clyde Commercial Steamships, Ltd. v. United States Shipping Co.District Court, S.D. New York · 1907
- Golcar S. S. Co. v. Tweedie Trading Co.District Court, S.D. New York · 1906
- Van Santen v. . Standard Oil CompanyNew York Court of Appeals · 1880
- Lightburne v. The TongoyDistrict Court, S.D. Alabama · 1893
- Swift v. TatnerSupreme Court of Georgia · 1892
3Cited by3 opinions
- Brackett v. Fulton National BankCourt of Appeals of Georgia · 1949
- Wright, Graham & Co. v. HammondCourt of Appeals of Georgia · 1930
- Godwin v. AllmanCourt of Appeals of Georgia · 1920