Huttlinger v. Royal Dutch West India Mail

Jenks, P. J.:

This is a submitted controversy. The defendant agreed with the plaintiffs to pay rebates on freight carried in defendant’s ships. The amount was to be determined by the charges paid between January 1st and December 31st in each year, and was to be paid on each succeeding July 1st. The rebate in question is for the year 1915. On July 1, 1916, the plaintiffs demanded payment, which was deferred by defendant until receipt of necessary information from its main office as to the correctness of the amount. Meanwhile the United States Shipping Act (1916, Sess. I, 64th Congress, chap.…