95 F. 690 (S.D.N.Y. 1899), Straits of Dover S.S. Co. v. Munson

Citation:95 F. 690
Party Name:STRAITS OF DOVER S.S. CO., Limited, v. MUNSON.
Case Date:June 22, 1899
Court:United States District Courts, 2nd Circuit, Southern District of New York
 
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Page 690

95 F. 690 (S.D.N.Y. 1899)

STRAITS OF DOVER S.S. CO., Limited,

v.

MUNSON.

United States District Court, S.D. New York.

June 22, 1899

Convers & Kirlin, for libelant.

Wheeler & Cortis, for respondent.

BROWN, District Judge.

The above libel was filed to recover $5,362.72 claimed to be owing as extra compensation for the use of the steamship Straits of Dover for a period of 2 months 23 days and 8 hours after the expiration of the charter period.

The charter was dated July 28, 1898, and let the steamer to the respondent for the period of 'three calendar months from August 1, 1898, to be delivered at Philadelphia, and to be employed in carrying lawful merchandise, etc., between any safe ports in the United States, West Indies, Mexico, Cape Verdes, Azores, and for north coast South America, excluding Brazil, as the charterers shall direct.'

The steamer was delivered in accordance with the charter at Philadelphia, on August 1st, was loaded with a cargo of coal for Tampico, Mexico, sailed on August 5th, and arrived at Tampico on August 16th. Owing to extraordinary washouts on the railroad for which the coal was designed, no berth could be obtained at Tampico until October 5th. Her cargo was discharged on October 18th, and on that day she left Tampico for the port of Tuxban, where she arrived on October

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19th to take on a cargo of logs, which had been engaged for her return trip in September. In consequence of very bad weather, the loading at Tuxban was greatly delayed, and the owners being very pressing for the return of the steamer, she left Tuxban before taking on the entire cargo of logs, on December 20th, but was obliged to go to Vera Cruz for bunker coal. On December 27th she left Vera Cruz for Progresso for about 2,000 bales of hemp, where she arrived on December 29th. After taking on the hemp she sailed for New York on January 10th, arrived there on the 20th and completed discharge and was redelivered to the owners on January 24th, 2 months 23 days and 8 hours after the expiration of the term of three months provided for in the charter.

The charter hire specified in the charter was 5 shillings and 9 pence sterling per gross registered ton per calendar month, payable semimonthly in advance. After the expiration of the charter period on November 1st the current market rate for steamers of this class, as claimed by the libelant, was 8...

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