The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 67
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AKTIESELSKABET STAVANGEREN V. HUBBARD-Z. 8. 8. CO.
to $2,160; the interest, calculated at 10 per cent., is $1,616 66; the
interest, calculated at 20 per cent., is $3,233.33. It is apparent that
the amount contracted to be paid by Crawford to the Smith Company
for the use of the money (eliminating the items paid partially for some
reason other than the use of the money) amounts to more than 10 per
cent. and is less than 20 per cent., and the result is that there should
be no recovery for interest; and that, in fixing the amount due and
secured by the deed of trust, all interest stipulated for should be elim-
inated, and all interest actually paid on the advances and on the notes
paid should be deducted.
The cause should be remanded for proceedings in conformity here-
AKTIESELSKABET STAVANGEREN v. HUBBARD-ZEMURRAY S. S. CO.
(Circuit Court of Appeals, Fifth Circuit. March 25, 1918.)
1. SIPPING t=4--CHARTER PARTIES-DAMAGE-AMOUNT RECOVmdRABLE-
MATTERS WITHIN CONTEMPLATION OF PARTY.
Where a time charter allowed the charterer to direct the vessel's move-
ments, and there was no undertaking by the owner to make any particular
voyage, or to deliver a cargo within a stated time, losses suffered by the
charterer on account of delay in delivering a particular cargo, intended
for a holiday market, are not within the contemplation of the parties,
and cannot be recovered, although the owner was responsible for the de-
lay, which was due to the fault of the crew it provided.
2. STIPULATIONS X=14(1)-CoNsravCTION-EFFECT.
Where a charterer, libeled for a balance claimed to be due under
charter party, filed a cross-libel, setting up damages on account of de-
layed delivery of a cargo, resulting from accident to the vessel, a stipula-
tion that as a result of the accident the charterer was damaged in a
specified sum is not an admission of the owner's liability for such dam-
3. SHIPPING W50-CHARTER PARTY-DUTY OF CONSTRUCTION.
Where a charter party required the owner to maintain the vessel in a
thoroughly efficient state in hull and machinery, the charterer is entitled
to reimbursement for assistance rendered in making repairs, which it
was the duty of the owner to make.
Appeal from the 'District Court of the United States for the Eastern
District of Louisiana; Rufus E. Foster, Judge.
Libel by the Aktieselskabet Stavangeren against the Hubbard-Ze-
murray Steamship Company, which filed a cross-libel. From a decree
for libelant for the amount claimed, but for larger amount in favor
of respondent on the cross-libel, libelant appeals. Modified and af-
George H. Terriberry, of New Orleans, La., for appellant.
Solomon Wolff, of New Orleans, La., for appellee.
Before PARDEE, WALKER, and BATTS, Circuit Judges.
WALKER, Circuit Judge. The appellant, the owner of the Nor-
wegian steamship Stavangeren, filed its libel in admiralty against the
:PFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/82/: accessed August 18, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.