The Queen Olga
District Court, S.D. New York
In Admiralty. Action for breach of charter party. In January, 1907, the Queen Olga, belonging to the libelants, was in respondent’s employment under a time charter substantially identical with that set forth in Golear S. S. Co. v. Tweedie Trading Co. (D. C.) 146 Eed. 563. The sections of the charter material to this case are the first, second, ninth, and sixteenth as printed in the case referred to.
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In Admiralty. Action for breach of charter party. In January, 1907, the Queen Olga, belonging to the libelants, was in respondent’s employment under a time charter substantially identical with that set forth in Golear S. S. Co. v. Tweedie Trading Co. (D. C.) 146 Eed. 563. The sections of the charter material to this case are the first, second, ninth, and sixteenth as printed in the case referred to. In the month mentioned the Olga was at Tampico, and there received directions from the charterer to proceed to Key West for orders. Before this direction was given there liad been some letters…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). Considering the strictness of Cuban law as shown by the evidence, there can be no doubt that all the expense and loss visited upon the ship for her failure to obtain a bill of health proper for Sagua was reasonably io be expected and proximatcly caused by such failure. Responsibility for such omission must depend upon the terms of the contract made Toy the parties. To be sure, a charter .party is a commercial instrument, and to be liberally interpreted, while evidence of custom, if general, reasonable, and lawful, will often control the construction of…
2Cases cited6 opinions
- Clyde Commercial Steamships, Ltd. v. United States Shipping Co.District Court, S.D. New York · 1907
- Henry v. BowringCourt of Appeals for the Fourth Circuit · 1893
- United States ex rel. Drury v. LewisU.S. Circuit Court for the District of Western Pennsylvania · 1904
- Donkin v. HerbstDistrict Court, S.D. New York · 1892
- Orr & Laubenheimer Co. v. The NicaraguaDistrict Court, S.D. Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Dampskibs Aktieselskabet Jeanette Skinner v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927