Clyde Commercial S.S. Co. v. West India S.S. Co.

169 F. 275 (1909)

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Clyde Commercial S.S. Co. v. West India S.S. Co.

United States Circuit Court of Appeals for the Second Circuit
169 F. 275 (1909)

CS

Facts

Clyde Commercial S.S. Co. (plaintiff) owned the steamship Santona. West India S.S. Co. (defendant) entered into a charter with Clyde Commercial for the vessel. The charter agreement included a provision that entitled West India to stop payment for the charter if the vessel could not work for more than 24 hours due to certain circumstances, such as a breakdown or a deficiency of men. The charter agreement also included an exception clause that mutually relieved both parties from liability to each other for certain events such as acts of God or restraint by government. The Santona was delayed in Colón, Panama, for almost two days due to a deficiency of crew as a result of fever. When the Santona eventually traveled from Colón to Sabine, Texas, it was further delayed by almost 11 days by the quarantine laws of Texas. West India deducted the cost of the charter for both periods of delay from its total payments to Clyde Commercial. Clyde Commercial sued West India, and a lower court upheld the deductions. Clyde Commercial appealed.

Rule of Law

Issue

Holding and Reasoning (Ward, J.)

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