United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 15

United States Courts of Appeals Reports; Cases Adjudged in the United States Circuit Court of Appeals Volume 15

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...lay at Oaleta Buena, the sellers of cargoes of nitrate of soda were required to pay to the government, at the point of shipment, an export duty on such cargoes. The charterers of the vessel had purchased in due time a cargo of nitrate of soda for shipment under the charter-party, but were unable to obtain a delivery of the same from the sellers after the arrival of the vessel, for the reason, as stated in the stipulation of the parties to this suit, that "no sellers of nitrate would consent to deliver the same for shipment during such time as the Balmaceda party was unrepresented at Oaleta Buena, on the ground that a payment to the Congressional party would not be a liquidation of such duty, and a defense to them as against any claim which might thereafter be made therefor by the Balmaceda party, or a defense against any charge that might thereafter be made against them by said Balmaceda party for the violation of said revenue law." The vessel was subsequently loaded with the cargo of nitrate at the port where she lay, but a delay of twenty-eight days occurred, for which the owners claimed demurrage under the terms of the charter-party. On her arrival in due course at San Francisco, this suit to recover demurrage was instituted. A decree was entered for the libellant, George McLeod, in the District Court, and J. IV. Grace, surviving partner of J. W. SIXTEEN HUNDRED TONS OF XITRATE OF SODA. 373 Opinlon of the Court. Grace & Co., the charterers, and owners of the cargo, takes this appeal therefrom. There are two principal questions presented upon the appeal, the decision of both of which must depend upon the construction to be given to certain' provisions of the charterparty. 1. Vas the delay in loading occasioned by...show more

Product details

  • Paperback | 280 pages
  • 189 x 246 x 15mm | 503g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236900871
  • 9781236900876