J. Aron &. Co. v. Luckenbach S. S. Co.
District Court, S.D. New York
In Admiralty. libel in personam by J. Aron & Co., Inc., against the Ivitckenbach Steamship Company, Inc. Interlocutory decree for libel-ant.
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In Admiralty. libel in personam by J. Aron & Co., Inc., against the Ivitckenbach Steamship Company, Inc. Interlocutory decree for libel-ant. This ease comes up for final hearing on a libel in personam for breach of a freight contract by the carrier under the following circumstances: On September 24, 1917, the parties signed a contract as follows: “Engaged for account of J. Aron & Co., Inc., shipment by-, sailing middle and late October, 1917, from New York for Havre, France, Euekenbach Steamship Co., Inc., agents, 10,000 cases milk, salmon, and canned goods at S5 net per 100 pounds, subject…
1Opinion of the CourtEearned Hand, District Judge
(after stating the facts as above). [1, 2] The contract between the parties fixed no time for delivery at all; only the date of sailing, and that somewhat indefinitely. There was therefore no express obligation upon the libelant to deliver at any given time. Now such a contract for its execution necessarily presupposed, some further action by the parties, and they acted in accordance with that assumption. In the permit the respondent fixed the sailing day as November 1st, and the time of delivery as October 29th, 30th and 31st. This they no doubt had the right to do by implication from the…
2Cited by1 opinion
- Israel v. Luckenbach S. S. Co.District Court, S.D. New York · 1922