Legal Opinion
The Robin Goodfellow
District Court, W.D. Washington
Decided June 18, 1927No. Nos. 11279, 11389, 11467PublishedCited by 10 opinions
1Opinion of the CourtHeterer, District Judge
(after stating the facts as above). The issue hinges upon the meaning of clause 15 and addenda C. If there is conflict, the addenda controls. *925MacLachlan’s Law of Merchant Shipping (6th Ed.) 309; Hellenic S. S. Co. v. Archibald (D. C.) 273 F. 290.
Clause 15 definitely provides for the stowing of the cargo under the master’s supervision, and employment of stevedores for “loading and discharging,” to be selected by the charterer, at current rates. The addenda changes two provisions of clause 15: (a) Definitely fixes the rate for loading at $1.70 per thousand board feet; and (b) charterers agree…
2Cases cited9 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- International Stevedoring Co. v. HavertySupreme Court of the United States · 1926
- Railroad Co. v. KoontzSupreme Court of the United States · 1881
- Relfe v. RundleSupreme Court of the United States · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Peirson v. American Hardware Mutual Insurance Co.Supreme Court of North Carolina · 1959
- Kelly v. HillCalifornia Court of Appeal · 1951
- Stark v. BrannanDistrict Court, District of Columbia · 1949
- Security National Insurance Company v. Sequoyah MarinaCourt of Appeals for the Tenth Circuit · 1957
- Tate v. WernerDistrict Court, E.D. Pennsylvania · 1975
5 more not listed; retrieve them via the Exa API.