The Gracie Chambers International Paper Co v. the Gracie Chambers
| Decision Date | 13 January 1919 |
| Docket Number | No. 479,479 |
| Citation | 248 U.S. 387,63 L.Ed. 318,39 S.Ct. 149 |
| Parties | THE GRACIE D. CHAMBERS. INTERNATIONAL PAPER CO. v. THE GRACIE D. CHAMBERS |
| Court | U.S. Supreme Court |
Mr. William C. Cannon, of New York City, for petitioner.
[Argument of Counsel from pages 387-390 intentionally omitted] Mr. Robinson Leech, of New York City, for respondent.
Libel in admiralty on the schooner Gracie D. Chambers, her tackle, etc., to recover the sum of $5,845 prepaid freight on a cargo of paper loaded on the schooner for shipment from New York to Bordeaux, France, by the International Paper Company. Judgment went for libelant in the District Court. It was reversed by the Circuit Court of Appeals by a divided court (253 Fed. 182). To this action this writ is directed.
The facts as found by the Circuit Court of Appeals are as follows:
'September 14, 1917, the schooner Gracie D. Chambers began to load a general cargo in the port of New York to be delivered at Bordeaux. Between September 27 and 29 the libelant Paper Company shipped 120 tons of print paper.
'September 28, at 4:25 p. m., the Treasury Department at Washington telegraphed the collector at the port of New York to withhold clearance of all sailing vessels, any part of whose voyages would bring them within the danger zone. There was no official publication of this embargo, but it was put into effect beginning September 29, by the refusal of clearance to such vessels as they applied for them. Both the shippers and the shipowners had heard rumors of the embargo as early as October 1.
'October 3 the schooner moved out to an anchorage at the Red Hook Plats, to save wharfage charges and to await clearance.
'October 4 the freight was paid against delivery of the bill of lading.
'October 5 the master applied to the collector for clearance, which was refused. He then applied to the authorities at Washington to except this schooner from the embargo, on the ground that she had begun to load before the order was made. Refusal to allow an exception in her favor was not definitely and finally made until October 10. Subsequently the cargo was discharged and the owners refused to return the prepaid freight.
'The bill of lading contained the following provisions:
The case was...
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