The Poznan
District Court, S.D. New York
Ill Admiralty. Libel by the John B. Harris Company and others against: the steamship Poznan and others. Cause referred to special commissioner. This case comes up upon a great number of libels filed by shippers of cargo upon the S. S. Poznan against the ship in rem and the owner and charterer in personam.
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Ill Admiralty. Libel by the John B. Harris Company and others against: the steamship Poznan and others. Cause referred to special commissioner. This case comes up upon a great number of libels filed by shippers of cargo upon the S. S. Poznan against the ship in rem and the owner and charterer in personam. The ship was owned by the Polish-American Navigation Company, which chartered her to the Acme Operating Company on September 6, 1920. for a round trip, New York to Havana, Cuba, on k time charter, government form, at a hire of $67,500 a, month, payable in, advance. The charter was executed…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). The first question is whether there was a breach of contract in failing to deliver the cargo at Havana, a question quite distinct from whether the prepaid freight must be returned. Every one agrees that the understanding to deliver as evidenced by the bills of lading was absolute except in so far as it was excused, and there are only two excuses offered : . First, that the venture was frustrated by impossibility of performance; second, that performance was excused under the terms of the bills of lading themselves. For the sake of argument I shall assume for…
2Cases cited42 opinions
- Truax v. RaichSupreme Court of the United States · 1915
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- Atlantic Transport Co. of W. Va. v. ImbrovekSupreme Court of the United States · 1914
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
37 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
- American Tobacco Co. v. the Katingo HadjipateraDistrict Court, S.D. New York · 1948
- Demsey & Associates, Inc. v. S.S. Sea StarCourt of Appeals for the Second Circuit · 1972
- Khedivial Line, S.A.E. v. Seafarers' International Union, International Longshoremen's AssociationCourt of Appeals for the Second Circuit · 1960
- Richard Carroll v. Protection Maritime Insurance Co., Ltd.Court of Appeals for the First Circuit · 1975
41 more not listed; retrieve them via the Exa API.