Straits of Dover S.S. Co. v. Munson

Citation95 F. 690
PartiesSTRAITS OF DOVER S.S. CO., Limited, v. MUNSON.
Decision Date22 June 1899
CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York

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 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 shillings and 6 pence. The libelant demanded payment at that rate after November 1st. The respondent contends that under other provisions of the charter he is liable for this period at the rate of 5 shillings and 9 pence only and that sum was paid by him and received by the libelant without prejudice to its claim for the balance, in case it should be determined that the latter is entitled to a higher rate after November 1st.

The decision of the question presented depends upon the construction to be given to the following paragraphs of the charter party:

'(4) That the charterers shall pay for the use and hire of the said vessel five shillings and nine pence (5/9) British sterling per gross Reg. ton per calendar month, commencing on and from the day of her delivery, as aforesaid, and at and after the same rate for any part of a month; hire to continue until her delivery in like good order and condition to the owners (unless lost) at a port in U.S North of Hatteras.
'(5) That should the steamer be on her voyage towards the port of return delivery at the time a payment of hire becomes due, said payment shall be made for such a length of time as the owner or their agents, and charterers, or their agents, may agree upon as the estimated time necessary to complete the voyage, and when the steamer is
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14 cases
  • Wong Wing Fai Co., S.A. v. U.S., 86-2515
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 29, 1988
    ...date arrives, the time charter does not terminate until the conclusion of the voyage. Id. at 232. See Straits of Dover S.S. Co. v. Munson, 95 F. 690, 693 (S.D.N.Y.1899), aff'd 100 F. 1005 (2d Cir.1900). The courts will treat the charter as extended for such period of time as is reasonable u......
  • The Themis
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 28, 1917
    ...voyage each year on the owners' account. If we assume that each charter gave the charterer an overlap under the doctrine of The Straits of Dover (D.C.) 95 F. 690, Id., 100 F. 1005, C.C.A. 156, and Anderson v. Munson (D.C.) 104 F. 913, the case is, of course, with the respondents, but for th......
  • Britain SS Co. v. Munson SS Line
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 18, 1929
    ...a voyage which will result in an overlap, and actually makes it, he must pay hire at the charter rate until redelivery. Straits of Dover S. S. Co. v. Munson, 95 F. 690 (D. C.) affirmed 100 F. 1005 (C. C. A. 2); Anderson v. Munson, 104 F. 913 (D. C.); Ropner v. Inter-American S. S. Co., 243 ......
  • Munson v. Straits of Dover S.S. Co.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • February 3, 1900
    ...case turned upon the proper construction of some of the clauses of the charter, and resulted in the dismissal of the libel without costs. 95 F. 690. In the present libel it alleged that in that action 'the libelant incurred the expense in lawyer's fees and disbursements of $555.56'; that 't......
  • Request a trial to view additional results

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