The Jungshoved
District Court, S.D. New York
In Admiralty. Suit against the steamship Jungshoved, Funch, Edye & Co., charterers, with C. F. Harms & Co. and Alice B. Croasdale im-pleaded by charterer. Decree for libelants against all respondents. This proceeding was started by a number of libels in rem against the steamer Jungshoved, for failure to deliver 4,608 bags of green coffee in accordance with libelants’ bills of lading.
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In Admiralty. Suit against the steamship Jungshoved, Funch, Edye & Co., charterers, with C. F. Harms & Co. and Alice B. Croasdale im-pleaded by charterer. Decree for libelants against all respondents. This proceeding was started by a number of libels in rem against the steamer Jungshoved, for failure to deliver 4,608 bags of green coffee in accordance with libelants’ bills of lading. The Jungshoved at that time was under charter to Funch, Edye & Co., and the loss occurred while the charterers were discharging. The pier at which the ship lay was greatly crowded on January 24, 1917, and in…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The first question in this case is one of fact: What was the contract of hiring between Punch, Edye & Co. and C. F. Harms & Co. ? I think that Christenson called up Zeller and merely asked for a lighter, and that Zeller said nothing about any limitation in her capacity. This I conclude in spite of the fact that Christenson was not clear in his memory of what he said and was mistaken in his recollection of the price to be paid, and that Fleet was unsatisfactory in his denials. This vagueness of both seems to me to be rather an index of honesty than…
2Cases cited16 opinions
- The SouthwarkSupreme Court of the United States · 1903
- The SilviaSupreme Court of the United States · 1898
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Cobb v. . KnappNew York Court of Appeals · 1877
- Tuthill v. . WilsonNew York Court of Appeals · 1882
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3Cited by3 opinions
- Ore Steamship Corporation v. D/SA/S HasselCourt of Appeals for the Second Circuit · 1943
- Conners Marine Co. v. Manhattan Lighterage Corp.District Court, E.D. New York · 1936
- In re the Complaint of Walker's Midstream Fuel & Service Co.District Court, W.D. Kentucky · 1986