Legal Opinion
Liberty Navigation & Trading Co. v. Kinoshita & Co.
District Court, S.D. New York
Decided December 2, 1959PublishedCited by 2 opinions
1Opinion of the Court
DAWSON, District Judge.
This action, tried by the Court without a jury, is one to recover damages for breach of a charter party. The defendant admitted that it breached the charter party. The only issue to be resolved by the Court is the measure of damages to be awarded to a shipowner for a total failure of performance by the charterer.
The Court finds the following facts:
Plaintiff, Liberty Navigation & Trading Co., Inc., is the owner and operator of the American Flag steamship Joseph-ina. On or about May 17, 1957, plaintiff entered into a charter party with the defendant, Kinoshita & Co.,…
2Cases cited2 opinions
- The Gazelle and CargoSupreme Court of the United States · 1888
- Sociedad Armadora Aristomenis Panama v. 5,020 Long Tons of Raw SugarDistrict Court, E.D. Pennsylvania · 1954
3Cited by2 opinions
- Liberty Navigation & Trading Co., Inc. v. Kinoshita & Co., Ltd., TokyoCourt of Appeals for the Second Circuit · 1960
- Liberty Navigation & Trading Co., Inc. v. Kinoshita & Co., Ltd., TokyoCourt of Appeals for the Second Circuit · 1960