Steamship Knutsford Co. v. Barber & Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Steamship Knutsford Company, Limited, against Barber & Co., Incorporated. From a decree for respondent, libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Steamship Knutsford Company, Limited, against Barber & Co., Incorporated. From a decree for respondent, libelant appeals. The libel was by the owner of the steamship Knutsford upon a charter party entered into on March 11, 1915, by which the libelant let the Knutsford on a timo charter for two round trips — the first to tho United States, Atlantic Coast, then to the west coast of France not north of Havre; the second to the west coast of Franco, not north of Havre, returning direct to West…
1Dissent
MANTON, Circuit Judge.
I dissent in part. I cannot agree with the prevailing opinion, in so far as it disagrees with the conclusions reached by the court below. The clause of the charter party which we are to consider provides:
“That in the event of loss of time from deficiency of men or stores, breakdown of machinery, stranding, or damage preventing the working of the vessel for more than 24 consecutive hours, the payment of hire shall cease until she be again in an efficient state to resume her service.”
On the voyage in question, the loading had been going on for several days, and prior to…
2Cases cited4 opinions
- Olsen v. United States Shipping Co.Court of Appeals for the Second Circuit · 1914
- Lake Steam Shipping Co. v. BaconDistrict Court, S.D. New York · 1904
- Lake Steam Shipping Co. v. BaconCourt of Appeals for the Second Circuit · 1906
- The CanadiaCourt of Appeals for the Third Circuit · 1917