Earn Line S.S. Co. v. Sutherland S.S. Co.

264 F. 276 (1920)

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Earn Line S.S. Co. v. Sutherland S.S. Co.

United States Court of Appeals for the Second Circuit
264 F. 276 (1920)

CS

Facts

The steamship Claveresk was owned by Sutherland S.S. Co. (defendant) and chartered by Earn Line S.S. Co. (plaintiff) for a five-year time charter beginning in 1913. The charter agreement included the typical liability-exception clause for situations such as acts of God and restraint by governments. In 1917, the British Admiralty requisitioned and took control of the Claveresk in the course of World War I. Earn Line sued Sutherland in federal district court, alleging that the removal of the Claveresk from Earn Line’s service amounted to a breach and repudiation of the charter agreement by Sutherland. Judge Learned Hand dismissed the suit, and Earn Line appealed.

Rule of Law

Issue

Holding and Reasoning (Hough, J.)

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