The Astraea
District Court, E.D. New York
In Admiralty. Suit in rem to recover for damage to cargo. On exceptions to libel.
1Opinion of the Court
THOMAS, District Judge.
The owners in a charter party to the Tweedie Trading Company warranted that the vessel would steam 12 knots, average speed, per hour, under given -conditions. The charterer, in an authorized subcharter, made with the owners’ knowledge and acquiescence, repeated the warranty. Cargoes of fruit shipped by the subcharterer were injured by decay and depreciation of market value through the failure of the vessel to make the warranted speed. The owners at all times operated the vessel. Has the subcharterer a lien upon the vessel for damages? The owners’ agreement contemplated…
2Cases cited7 opinions
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- American Sugar Refining Co. v. EuripidesDistrict Court, S.D. New York · 1892
- Bregaro v. The CenturionDistrict Court, S.D. New York · 1893
- The T. A. GoddardDistrict Court, S.D. New York · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Denholm Shipping Co. v. W. E. Hedger Co.Court of Appeals for the Second Circuit · 1931
- Denholm Shipping Co. v. W. E. Hedger Co.District Court, E.D. New York · 1929