Compagne Navigazione Sota Y Agnar v. Diamond Fuel Co.
District Court, D. Maryland
In Admiralty. Libel by the Compagne Navigazione Sota y Agnar against the Diamond Fuel Company, Incorporated, to recover damages for failure to load the ship under the terms of the charter party. Decree rendered for libelant. The Unbe Mendi was chartered on a Welsh form containing the provisions: “3. The cargo to be loaded at an average rate of not less than 1,500 tons per running day, Sundays and holidays excepted.
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In Admiralty. Libel by the Compagne Navigazione Sota y Agnar against the Diamond Fuel Company, Incorporated, to recover damages for failure to load the ship under the terms of the charter party. Decree rendered for libelant. The Unbe Mendi was chartered on a Welsh form containing the provisions: “3. The cargo to be loaded at an average rate of not less than 1,500 tons per running day, Sundays and holidays excepted. Time to commence (regardless of whether or not charterers have government export license), at the expiration of 72 hours after notice of steamer’s readiness to load, whether…
1Opinion of the Court
ROSE, District Judge.
In this case the libelant, a Spanish corporation, owner of the steamship Unbe Mendi, is seeking to recover from the respondent, a corporation of Delaware, the loss occasioned by the failure of the respondent to load the ship as required by the terms of a charter party.
The charterer says it is excused by the same Service Order No. 6 of the Interstate Commerce Commission as is fully discussed in the opinion in No. 724, Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co., Inc., 273 Fed. 290, handed down this day. Even if the conclusion reached in that case be in any…
2Cases cited1 opinion
- Hellenic Transport S. S. Co. v. Archibald McNeil & Sons Co.District Court, D. Maryland · 1921
3Cited by3 opinions
- Canute S. S. Co. v. Diamond Fuel Co.District Court, D. Maryland · 1921
- Johnston v. Compagne Navigazione Sota y AznarCourt of Appeals for the Fourth Circuit · 1923
- Johnston v. Canute S. S. Co.Court of Appeals for the Fourth Circuit · 1923