(DOWNLOAD) "United States Navigation Co. v. Black Diamond Lines Inc." by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: United States Navigation Co. v. Black Diamond Lines Inc.
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 05, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The charter hire was at the rate of $26,000 per month and each vessel made one voyage to South Africa and returned, the Black Hawk to Norfolk, Va., nd the Black Tern to Baltimore, Maryland. The voyage of the first vessel took from February 15, 1940, to May 2, and the voyage of the second from March 7 to June 15. Concededly there was opportunity under the original oral charters for two round voyages, only one of which libellant was granted under the terms of the written charterparties that were imposed upon the latter against its will. The exceptions to the libels on the ground that each failed to state a cause of action involved the assumption of the truth of the facts stated in them. Under this assumption it seems probable that the respondent was anxious to shorten the length of the charters and that the new charters it forced upon the libellant were only signed by the latter because no other course was open if it was to have any use of the vessels, and it was under a duty to mitigate damages.