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"Nauticus" Volume 1; A Journal of Shipping, Insurance, Investments and Engineering

"Nauticus" Volume 1; A Journal of Shipping, Insurance, Investments and Engineering


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 Excerpt: ...that they had a cross-claim of equivalent amount because the owners had not given them the use of the vessel during the time in question. They contended that the time had been lost and the coal had been consumed owing to the failure of the owners to have the Atherstone in every way fitted for service. The owners contended that they were entitled to be paid the amount claimed as hire and that there had been no failure on their part to fulfill the charterparty. Subject to the opinion of the Court, the arbitrators found in favor of the plaintiffs, and ordered the defendants to pay them 4,877 17s. 6d., and to pay the costs of the award. They found as a fact that up to the time when the order of the Admiralty was given to the master of the Atherstone at New York she was tight, stanch, and strong, and in every way fitted for service under the charter-party. And if and so far as it was a question of fact the arbitrators found that the Admiralty order given in April, 1917, and the circumstances which led to the order's being given did not make the Atherstone any less efficient than she had previously been; and they found that the Atherstone was in April, 1917, and remained throughout the service in every way fit for the service unless the giving of the Admiralty order and the circumstances in which it was given had in law the effect of making the Atherstone inefficient until the order was complied with. In any case, if the Atherstone was inefficient they found that the inefficiency was not due to any breach of contract by the shipowners. The plaintiffs also relied on the exception of restraints of princes and on the Courts (Emergency Powers) Act, 1917. The Court found that the issuing of the order by the Admiralty did not have the effect of producing there an...


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Product Details
  • ISBN-13: 9781231987926
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 72
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 1231987928
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 145 gr


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