Legal Opinion

Wessels v. The Ceres

District Court, S.D. New York

Decided April 7, 1894PublishedCited by 4 opinions

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

  1. Hawkins v. The ViolaDistrict Court, S.D. New York · 1893

3Cited by4 opinions

  1. Ft. Morgan S. S. Co. v. Baltimore & Jamaica Trading Co.Court of Appeals for the Fourth Circuit · 1922
  2. Denholm Shipping Co. v. W. E. Hedger Co.Court of Appeals for the Second Circuit · 1931
  3. The Georg DumoisDistrict Court, E.D. New York · 1898
  4. Denholm Shipping Co. v. W. E. Hedger Co.District Court, E.D. New York · 1929

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