Schmidt v. Keyser
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Florida. This was an appeal in a libel in admiralty to recover demurrage. A full statement of the facts in the case will be found in Wood v. Key-ser, 84 Fed. 688, and Steamship Co. v. Keyser, Id. 693.
1Opinion of the Court
PARLANCE, District Judge,
as the organ of the court, said:
The issues in this case are the same as those in Wood v. Keyser (No. 654) 84 Fed. 688, 87 Fed. 1007, and Steamship Co. v. Keyser (No. 653) 84 Fed. 693, 87 Fed. 1005, recently decided by this court, except that in this cause reliance is placed on the “cessor clause” to wholly relieve the charterers from liability. The provisions of the charter party must be construed together. By articles 8, 9, and 10 of the *800charter party -it is clear that provision was made for demurrage. Article 6 provided that bills of lading should be signed as…
2Cases cited2 opinions
- Wood v. KeyserDistrict Court, N.D. Florida · 1897
- Hawkhurst S. S. Co. v. KeyserDistrict Court, N.D. Florida · 1897
3Cited by3 opinions
- Bruusgaard v. AcostaCourt of Appeals for the Second Circuit · 1923
- Elvers v. GraceCourt of Appeals for the Ninth Circuit · 1917
- Vogemann v. KeyserCourt of Appeals for the Fifth Circuit · 1898