Wessels v. The Ceres
District Court, S.D. New York
These were cross libels for damages on a charter party of the steamship Ceres,----the first, by Gerhard Wessels and others, the charterers, against the steamship; the second, by the Sydsvenska Angfartygs Aktiebolag, her owner, against the charterers.
1Opinion of the Court
BROWN, District Judge.
The above libels were brought to recover damages upon a charter party; the first, for non-fulfillment of a guaranty of speed; the second, for charter hire and wrongful termination of the charter. I shall indicate briefly the grounds of my decision upon the points involved.
1. Guaranty of Speed: The charter on its face, and all the circumstances, show that the original hire of the steamer had mainly in_ view the transportation of fruit cargo. In this business a certain speed is essential, and a knowledge of what is to be counted on is important. The guaranty was, that, the…
2Cases cited1 opinion
- Hawkins v. The ViolaDistrict Court, S.D. New York · 1893
3Cited by4 opinions
- Ft. Morgan S. S. Co. v. Baltimore & Jamaica Trading Co.Court of Appeals for the Fourth Circuit · 1922
- Denholm Shipping Co. v. W. E. Hedger Co.Court of Appeals for the Second Circuit · 1931
- The Georg DumoisDistrict Court, E.D. New York · 1898
- Denholm Shipping Co. v. W. E. Hedger Co.District Court, E.D. New York · 1929