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YONE SUZUKI v. CENTRAL ARGENTINE R. CO.

19 F.2d 665 (1924)

YONE SUZUKI et al. v. CENTRAL ARGENTINE R. CO., Limited.

District Court, S. D. New York.

February 29, 1924.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (George C. Sprague and E. F. Rapallo, both of New York City, of counsel), for libelants.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (John M. Woolsey, L. De Grove Potter, and Edwin Serre Murphy, all of New York City, of counsel), for respondent.

KNOX, District Judge.

A consideration of the charter party upon which libelants claim leads me to believe that the phrase, "at or off discharging port," therein contained, was not meant to cover a possible distance of some 40 miles, particularly when the agreement also provided that the ship should go to "Buenos Aires, Argentine, or as near thereunto as she may safely get and always lie afloat." It is to be remembered that the vessels could and did safely reach the...

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