Earn Line S. S. Co. v. Sutherland S. S. Co.
District Court, S.D. New York
In Admiralty. Libel by the Earn Line Steamship Company against the Sutherland Steamship Company, Limited. This case arises on a libel in personam in the admiralty by the charterers against the owners of the steamship Olaveresk for breach of a time charter party entered into in New York on February 8, 1913, under which the Olaveresk was let for “about five years from the time of delivery” within the following limits: United States, West Indies, Central America, Caribbean Sea,…
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In Admiralty. Libel by the Earn Line Steamship Company against the Sutherland Steamship Company, Limited. This case arises on a libel in personam in the admiralty by the charterers against the owners of the steamship Olaveresk for breach of a time charter party entered into in New York on February 8, 1913, under which the Olaveresk was let for “about five years from the time of delivery” within the following limits: United States, West Indies, Central America, Caribbean Sea, Gulf of Mexico, South America not south of Bahia Blanca, Europe, and Africa not east of Port Said. Delivery and…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1 ] The first question in this case is whether the respondents are guilty of a breach of the charter party for refusing to carry ore on February 10, 1917, at Felton, Cuba, a few days before this libel was filed. That question I quite distinguish from their right to repudiate the charter party altogether on February 17, 1917, a point I am reserving for the moment. The libelants object, first, that the action of the British Admiralty was not authorized by the prerogative of the Crown, and could not be an excuse, at least until followed by some threat of…
2Cases cited8 opinions
- Oetjen v. Central Leather Co.Supreme Court of the United States · 1918
- Underhill v. HernandezSupreme Court of the United States · 1897
- American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
- Ricaud v. American Metal Co.Supreme Court of the United States · 1918
- The Styria, Scopinich v. MunroeSupreme Court of the United States · 1902
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3Cited by16 opinions
- Banco De Espana v. Federal Reserve Bank of New YorkCourt of Appeals for the Second Circuit · 1940
- Shapleigh v. MierSupreme Court of the United States · 1937
- David v. Veitscher Magnesitwerke Actien GesellschaftSupreme Court of Pennsylvania · 1943
- L. N. Jackson & Co. v. Royal Norwegian GovernmentCourt of Appeals for the Second Circuit · 1949
- Sedco, Inc. v. S.S. StratheweCourt of Appeals for the Second Circuit · 1986
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