THE TERNE

No. 323.

64 F.2d 502 (1933)

THE TERNE. BERGEN LLOYD A/S v. MUNSON S. S. LINE.

Circuit Court of Appeals, Second Circuit.

April 17, 1933.


Attorney(s) appearing for the Case

Irving L. Evans, of New York City (John Tilney Carpenter, of New York City, of counsel), for appellant.

Haight, Smith, Griffin & Deming, of New York City (Henry M. Hewitt and Arnold W. Knauth, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The appellant chartered the steamship Terne of the appellee, her owner, under the terms of a government form time charter which contained a breakdown clause reading as follows:

"15. That in the event of the loss of time from deficiency of men or stores, fire, breakdown or damages to hull, machinery or equipment, grounding, detention by average accidents to ship or cargo, drydocking for the purpose...

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