Legal Opinion

Steamship Rutherglen Co. v. Howard Houlder & Partners, Inc.

Court of Appeals for the Second Circuit

Decided February 10, 1913No. Nos. 130, 131PublishedCited by 9 opinions

Appeal from the District Court of the United States for the Southern District of New York; George C. Holt, Judge. Suit in admiralty by the Steamship Rutherglen Company, Limited, against Howard Houlder & Partners, Incorporated, with cross-libel. Decree for libelant, and respondent appeals.

1Opinion of the Court

WARD, Circuit Judge.

The owners of the British steamer Rutherglen chartered her to Howard Houlder & Partners for a voyage from New York to Dalny and Takow, Formosa, with a cargo of railway material which has been duly delivered. Various disputes have arisen between the parties which are now to be disposed of.

[1] 1. The owners filed a libel to recover an unpaid balance of charter hire. The charter called for a lump sum hire of ¿9,400 to *850be paid before sailing. The charterers paid only £9,122.12.6, claiming that the vessel fell short of the dead weight capacity guaranteed by the owners to the…

2Cases cited1 opinion

  1. Pyman S. S. Co. v. Mexican Cent. Ry. Co.Court of Appeals for the Second Circuit · 1909

3Cited by9 opinions

  1. Metallgesellschaft A.G. v. M/v Capitan Constante and Yacimientos Petroliferos FiscalesCourt of Appeals for the Second Circuit · 1986
  2. Fukaya Trading Company, SA v. Eastern Marine Corp.District Court, E.D. Louisiana · 1971
  3. MINISTRY OF COMMERCE, ETC. v. Marine Tankers Corp.District Court, S.D. New York · 1960
  4. Genetics International, Plaintiff-Counter-Defendant-Appellant v. Cormorant Bulk Carriers, Inc., Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1989
  5. Steamship Co. of 1912 v. C. H. Pearson & Son Hardwood Co.Court of Appeals for the Second Circuit · 1929

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