The Bris Standard Varnish Works v. the Bris

• Decision Date: 13 January 1919
• Docket Number: No. 745,745
• Citation: 63 L.Ed. 321,248 U.S. 392,39 S.Ct. 150
• Parties: THE BRIS. STANDARD VARNISH WORKS v. THE BRIS
• Court: U.S. Supreme Court

248 U.S. 392

39 S.Ct. 150

63 L.Ed. 321

THE BRIS. STANDARD VARNISH WORKS

v THE BRIS.

No. 745.

Argued Dec. 13, 1918.

Decided Jan. 13, 1919.

Messrs. Julius J. Frank and Everett P. Wheeler, both of New York City, for Standard Varnish Works.

[Argument of Counsel from pages 393-395 intentionally omitted] Mr. Clarence Bishop Smith, of New York City, for The Bris.

Mr. Justice McKENNA delivered the opinion of the Court.

This case was submitted with Nos. 449 and 450, 248 U. S. 377, 39 Sup. Ct. 147, 63 L. Ed. 312, and No. 479, 248 U. S. 387, 39 Sup. Ct. 149, 63 L. Ed. 318, being a suit in admiralty, as they were, to recover prepaid freight upon a shipment of articles of merchandise which were not carried to destination, the carriage having been prevented by action of the government. Judgment was rendered for libelant and the case taken to the Circuit Court of Appeals.

The case is here on certificate from that court (254 Fed. 987), induced, as the court recites, by its decision in the case of International Paper Co. v. The Schooner Gracie D. Chambers (No. 479), to review which a certiorari has been granted by this court.

The facts as certified are these:

'On August 17, 1917, varnish belonging to libelant was shipped by it in the port of New York for Gothenburg, Sweden, upon the steamship Bris, consigned to the Allmanna Svenska Elektriska A. B. Westeras, and the agents for said ship thereupon delivered to libelant a bill of lading, of which a copy is annexed hereto, which formed a contract between libelant and claimant in reference to said goods. Particular reference is made to clause 6, clause 7 and the next to last clause of the bill of lading. The libelant paid in advance the freight mentioned in said bill of lading. At the time of said shipment, shippers were required to obtain export licenses from the British government on cargo of this class, and were also required by the United States Statutes to obtain export licenses from the United States government in connection with such articles as the President should, by proclamation, designate. At the time that said shipment was made the President had designated certain articles as to which licenses must be thus procured when destined for Gothenburg, Sweden, but varnish was not included among them. At the time of shipment, the libelant presented a license which it had procured from the British government. On August 27, 1917, the President made a further proclamation, effective August 30, 1917, whereby shippers of varnish and all other cargo destined for Gothenburg, Sweden, were required to procure licenses before the same could be exported. The libelant thereupon made application for such a license, and the claimant held its vessel in port until October 8th, to see if such licenses could be procured, before beginning the discharge of the cargo. Unless shipments were accompanied by the aforesaid licenses they were not allowed by the men-of-war belonging to the Allies to proceed to destination. On or about October 8th the United States, acting through the Exports Administrative Board, refused the application for a license to transport the goods mentioned in the libel, and other cargo destined for Gothenburg, and claimant thereupon began to unload the cargo of the Bris and...