BARKER v. MOORE & McCORMACK CO.


36 F.2d 104 (1929)

BARKER v. MOORE & McCORMACK CO., Inc.

District Court, S. D. New York.

September 12, 1929.


Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Earl Appleman, of New York City, of counsel), for libelant.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (R. H. Hupper and Wm. J. Dean, both of New York City, of counsel), for respondent.


COLEMAN, District Judge.

It is undisputed that there is an unpaid balance of the hire provided by the charter party and the only question is whether, under the breakdown clause, respondent is entitled to an allowance and offset. While under charter, the vessel left Copenhagen on January 8, 1927, bound for Boston, and on January 30th, when about 1,200 miles from her destination, she was compelled to deviate from her course and go to the Azores because of a lack of...

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