STRATHMORE SHIPPING COMPANY v. COASTAL OIL COMPANY

No. 262, Docket 24282.

243 F.2d 97 (1957)

STRATHMORE SHIPPING COMPANY, Inc., Libellant-Appellant, v. COASTAL OIL COMPANY, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided April 12, 1957.


Attorney(s) appearing for the Case

Joseph Cardillo, Jr., of Cardillo & Smith, New York City (Charles H. Bridge, Jr., New York City, on the brief), for libellant-appellant.

Eugene Underwood, of Burlingham, Hupper & Kennedy, New York City, (Hervey C. Allen, New York City, on the brief), for respondent-appellee.

Before HINCKS, STEWART and LUMBARD, Circuit Judges.


PER CURIAM.

Because the libellant tendered the tank ship Strathbay later than the date provided therefor in its written charter to the respondent, the respondent had canceled the charter by notice according to its terms. The libellant, not disputing that this ordinarily would end all obligations on the part of the respondent, claims that the charter had been orally extended with the result that the ship was tendered on time.

The trial before Judge Cashin was...

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