Legal Opinion

Luckenbach v. Pierson

Court of Appeals for the Second Circuit

Decided December 14, 1915No. 16PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by Edgar E. Luckenbach and another, as executors of the will of Lewis-Luckenbach, deceased, against Ralph Pierson and others. From a decree holding the owner’s withdrawal of a steamer under a time charter wrongful, libelants appeal.

1Opinion of the Court

WARD, Circuit Judge.

November 9, 1905, Lewis Luckenbach chartered the steamer Harry Luckenbach to Ralph Pierson & Co. under a time charter, government form, for a term of 10 calendar months. The steamer was delivered January 27, 1906. The material provisions of the charter party are:

“(4) That the charterers shall pay for the use and hire< of the said vessel fifty-five hundred (5,500) dollars per calendar month, commencing on and from the day of her .delivery, as aforesaid, and at and after the same rate for any part of a month; hire to continue until her delivery in like good order and…

2Cited by14 opinions

  1. Schirmer Stevedoring Co., Ltd. v. Seaboard Stevedoring Corp., Brady Hamilton Stevedore Co., Williams, Dimond & Co., N. J. Goulandris, Ltd., Financiera Peruana, S.A. v. Seaboard Stevedoring Corporation, N. J. Goulandris, Ltd. v. Marine Chartering Co., Inc.Court of Appeals for the Ninth Circuit · 1962
  2. Schirmer Stevedoring Co. v. Seaboard Stevedoring Corp.Court of Appeals for the Ninth Circuit · 1962
  3. Hale Container Line, Inc. v. Houston Sea Packing Co.Court of Appeals for the Eleventh Circuit · 1998
  4. Cardinal Shipping Corp. v. M/S Seisho MaruCourt of Appeals for the Fifth Circuit · 1984
  5. Diana Compania Maritima, S.A. of Panama v. Subfreights of the S.S. Admiralty FlyerDistrict Court, S.D. New York · 1968

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