[Download] "In re N.V. Zuid-Hollandsche Scheepvaart Mattschappij of Rotterdam" by Fifth Circuit Circuit Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: In re N.V. Zuid-Hollandsche Scheepvaart Mattschappij of Rotterdam
- Author : Fifth Circuit Circuit Court Of Appeals
- Release Date : January 01, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a petition for a writ of mandamus to the District Court for the Northern District of Florida. In the case of The Driebergen, 60 F.2d 367, we reversed the judgment of that court and remanded the case for further proceedings not inconsistent with the opinion. The case involved the construction of a charter party as to the provision for dispatch money. In substance, the charterer contended that it was entitled to use all clearance days for loading and still charge dispatch money for the clearance days as days saved. In support of this contention it was averred, in an amendment to the answer, that such was the almost universal construction among shippers and shipowners. The contention of the charterer found favor with the District Court, but that ruling was reversed by us. When the mandate went down to the District Court, the charterer was allowed, over the objection of libelant, to file an amendment to its answer setting up with more particularity and with more positive averment the same contention, adding without qualification that the custom is universal. Mandamus is sought to correct this action of the District Court.
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