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LIBERTY NAVIGATION & T. CO. v. KINOSHITA & CO., LTD., TOKYO

No. 14, Docket 26107.

285 F.2d 343 (1960)

LIBERTY NAVIGATION & TRADING CO., Inc., Plaintiff-Appellee, v. KINOSHITA & CO., LTD., TOKYO, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 14, 1960.

Attorney(s) appearing for the Case

John V. Lindsay (of Webster, Sheffield & Chrystie), New York City (Donald J. Cohn, New York City, on the brief), for plaintiff-appellee.

James E. Freehill (of Hill, Betts, Yamaoka, Freehill & Longcope), New York City (Daniel J. Tobin and Melvin J. Koch, New York City, on the brief; William F. Suglia, New York City, of counsel), for defendant-appellant.

Before LUMBARD, Chief Judge, and TUTTLE and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

This appeal presents an interesting question as to the measure of damages for the breach of a voyage charter. Our view differs both from that of the trial judge and from that urged by appellant.

On May 17, 1957, Liberty Navigation & Trading Co., Inc., as owner, and Kinoshita & Co., Ltd., as charterer, entered into a charter of the American steamer Josefina. The vessel was to proceed to loading ports in the Philippines, there...

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