Legal Opinion
Pedersen v. Pagenstecher
District Court, S.D. New York
Decided November 15, 1887PublishedCited by 4 opinions
1Opinion of the CourtBrown, J.
The libelant sues to recover damages for alleged breach of charter-party in not accepting the Danish bark Atalanta when tendered at New York to be loaded. The charter describes her as “now at Bremen, loading for Philadelphia, guarantied to sail on or before December 10, 1886.” The respondents refused to accept her because, as they allege, she did not sail from Bremen until after December 10th.
Tho stipulation as to time of sailing was a condition precedent, wdiich, if not fulfilled, entitled the respondents to reject the vessel. It is not a question of fault or reasonable excuse for not…
2Cases cited2 opinions
- Davison v. Von LingenSupreme Court of the United States · 1885
- Weisser v. MaitlandThe Superior Court of New York City · 1849
3Cited by4 opinions
- Dexter & Carpenter Co. v. United StatesDistrict Court, S.D. New York · 1926
- Rosasco v. Pitch Pine Lumber Co.District Court, S.D. New York · 1903
- United States v. M/v Marilena P and Her Appurtenances, in Rem, and Marilena Compania Naviera, S. A., a Corporation, in PersonamCourt of Appeals for the Fourth Circuit · 1969
- United States v. M/v Marilena P and Her Appurtenances, in Rem, and Marilena Compania Naviera, S. A., a Corporation, in PersonamCourt of Appeals for the Fourth Circuit · 1969