Legal Opinion

Holman v. Gans S. S. Line

Court of Appeals for the Second Circuit

Decided March 13, 1911No. 215PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Southern District of New York. Libel by R. H. Holman against the Gans Steamship Line. From a decree for libelant, defendant appeals.

1Opinion of the Court

WARD, Circuit Judge.

This cause arose out of a voyage charter of the steamer Birchtor. The libelant, who is the owner, claimed to recover of the charterer 4% days’ demurrage, and also the amount of 1 day’s dispatch money wrongfully deducted from the hire. The relevant parts of the charter party are:

“(1) That the said steamship being tight, staunch, and strong and in every way fitted for the voyage, * * * New Orleans or Galveston, as ordered at St Lucia, and there load (orders to be waiting .steamear at St. Lucia or lay days to count), according io custom of port, a full and complete cargo of…

2Cases cited6 opinions

  1. Davis v. WallaceU.S. Circuit Court for the District of Massachusetts · 1868
  2. Carbon Slate Co. v. EnnisCourt of Appeals for the Third Circuit · 1902
  3. James v. BrophyCourt of Appeals for the First Circuit · 1895
  4. The CyprusU.S. Circuit Court for the District of Eastern Louisiana · 1884
  5. Uren v. HagarDistrict Court, E.D. Pennsylvania · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Wilkens v. Trafikaktiebolaget Grangesberg OkelosundCourt of Appeals for the Fifth Circuit · 1925
  2. Fargrove Navigation Co. v. Lavino & Co.District Court, E.D. Pennsylvania · 1911

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