Canute S. S. Co. v. Diamond Fuel Co.
District Court, D. Maryland
In Admiralty. Libel by the Canute Steamship Company, Limited, against the Diamond Fuel Company, Incorporated, to recover for the failure to furnish a cargo of coal as required by charter party. Decree rendered for libelant. The Severnmede was chartered on the Washington July, 1919, form, with conditions similar to those in the Renfrew, but without the clause: “This charter party effective, whether permit for cargo granted or not granted.”
1Opinion of the Court
ROSE, District Judge.
In this cáse the libelant is the Canute Steamship Company, owner of the steamship Severnmede. The respondent is the same Diamond Fuel Company which occupies a like position in No. 709, 273 Fed. 299. Defense here is taken under the restraint of rulers clause.
The ship reported ready for loading on July 29th. At that time the charterer failed to furnish a cargo, and notified the owner that it would not be able to do so, and on the 20th of August the owner withdrew the ship, with notice, however, that it would hold the charterer liable for all damages for failure to load.…
2Cases cited2 opinions
- Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co.District Court, D. Maryland · 1921
- Compagne Navigazione Sota Y Agnar v. Diamond Fuel Co.District Court, D. Maryland · 1921
3Cited by3 opinions
- Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co.District Court, D. Maryland · 1921
- Berwind-White Coal Mining Co. v. SOLLEVELD, ETC.Court of Appeals for the Fourth Circuit · 1926
- Johnston v. Canute S. S. Co.Court of Appeals for the Fourth Circuit · 1923