International Paper Co. v. the Schooner "Gracie D. Chambers"
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Freight is not earned.until the vessel "breaks ground” or starts upon her voyage. The Tornado, 108 U. S. 342; Curling v. Long, 1 Bos. & P. 634. A change of berth pending completion of necessary preliminaries- to sailing is not a commencement of the voyage. Gilchrist Transp. Co. v. Boston Ins. Co., 223 Fed. Rep. 716; Wood v. Hubbara, 62 Fed.
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CERTIORARI TO THE CIRCUIT COURT OE APPEALS FOR THE SECOND CIRCUIT. The case is stated in the opinion. Freight is not earned.until the vessel "breaks ground” or starts upon her voyage. The Tornado, 108 U. S. 342; Curling v. Long, 1 Bos. & P. 634. A change of berth pending completion of necessary preliminaries- to sailing is not a commencement of the voyage. Gilchrist Transp. Co. v. Boston Ins. Co., 223 Fed. Rep. 716; Wood v. Hubbara, 62 Fed. Rep. 763. Where the voyage has been begun but the cargo has not been delivered, the rule in this country is that, in the absence of an express…
1Opinion of the CourtJustice McKenna
Libel in admiralty on the schooner “Grade D. Chambers,” her tackle, etc., tó recover the sum of $5,845, prepaid freight on a cargo of paper loaded on the schooner for shipment from New York to Bordeaux, France, by the International Paper Company. Judgment went for libel-ant in the District Court. It was reversed by the Circuit Court of Appeals by a divided court. To this action this .writ is directed.
The facts as found by the Circuit Court of Appeals are as follows:
“September 14,1917, the schooner Grade D. Chambers began to load a general cargo in the Port of New York to be delivered at…
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- Kintner v. WolfeArizona Supreme Court · 1967
- T. J. Stevenson & Co. v. 81,193 Bags of FlourCourt of Appeals for the Fifth Circuit · 1980
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