(Download) "Toledo." by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Toledo.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 26, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
This litigation arose out of an accident which befell the motorship Toledo while under time charter to the libellant. The charter party, which was on the Government-New York Produce Exchange form, contemplated a transatlantic voyage from United States ports north of Hatteras to continental European ports. The vessel was deliverted to the charter at Philadelphia on December 15, 1938. After taking on a partial cargo she proceeded to Chester, where additional cargo was obtained, and those to New York, where the final cargo was to be laden. Upon arrival at New York on December 21st, an examination was made of the engines and a fracture of the No. 3 crankshaft web was discovered. The charterer was immediately notified thereof and stopped the loading of cargo. The following day it was informed that repairs would require thirty days. In reply the charterer gave notice that hire would cease until the vessel was put in condition, as provided by clause 15 of the charter party. On the 24th the charterer suggested transshipment of the cargo but the captain did not accede to the suggestion. The cargo was not perishable. On January 5, 1939, the charterer cancelled the charter party, having in the meantime, between December 27th and 31st, discharged the cargo and sent it forward on other vessels. By its libel, filed on January 21, 1939, the charterer sought recovery in two capacities: (1) As time charterer, for breach of contract, and (2) as bailee and assigned of cargo for damages sustained by owners of cargo. The decree entered after a lengthy trial allowed a recovery of only part of the damages claimed under the first cause of action and nothing under the second.
 "Toledo." by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free){kind=link}