W. R. Grace & Co. v. Hansen
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Libel by Capt. I. P. Hansen, on behalf of the owners of the motor-ship H. C. Hansen, against 1,523,000 feet of lumber loaded on board the motorship H. C. Hansen, of which W. R. Grace & Co. were claimants.
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Appeal from the District Court of the United States for the Northern Division of the Western District of Washington; Jeremiah Neterer, Judge. Libel by Capt. I. P. Hansen, on behalf of the owners of the motor-ship H. C. Hansen, against 1,523,000 feet of lumber loaded on board the motorship H. C. Hansen, of which W. R. Grace & Co. were claimants. Decree allowing libelant demurrage claimed, less a deduction for demurrage during the period the ship was being repaired, and both parties appeal. This is an appeal by Grace & Co., claimants and cross-libelants in the District Court, and a,…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] It is argued by appellant that the subjects of deck and under-deck cargoes are found in separate paragraphs, and that appellant’s initial obligation extended no further than the furnishing of an under-deck cargo; that by the use of the term “full cargo” in the first paragraph a full cargo under deck was meant, and that under the second paragraph the master *491is given an exclusive option to load or not to load a cargo on deck; and that as a matter of law such option relieved Grace & Co. from the duty of providing a deck cargo before the master exercised…
2Cases cited8 opinions
- Steamship Wellesley Co. v. C. A. Hooper & Co.Court of Appeals for the Ninth Circuit · 1911
- Bowring v. ThebaudCourt of Appeals for the Second Circuit · 1892
- Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
- Gilchrist Transp. Co. v. Boston Ins.Court of Appeals for the Sixth Circuit · 1915
- India & Owners v. DonaldCourt of Appeals for the Fifth Circuit · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- CIA. Estrella Blanca, LTDA. v. S.S. NICTRICDistrict Court, D. Oregon · 1965