United States Circuit Courts of Appeals Reports; With Key-Number Annotations Volume 110

United States Circuit Courts of Appeals Reports; With Key-Number Annotations Volume 110. United States Courts of Appeals

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Author: United States Courts of Appeals
Number of Pages: 402 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781236907837
File size: 21 Mb
File Name: United.States.Circuit.Courts.of.Appeals.Reports;.With.Key-Number.Annotations.Volume.110.pdf
Download Link: United States Circuit Courts of Appeals Reports; With Key-Number Annotations Volume 110
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...of action after a large volume of testimony had been taken upon the cause of action for deceit originally set up. VVe concur with the District judge upon both points. 2 The second cause of action is for a breach of the following covenant in the charter party: "1. That the owner shall ' maintain her in a thoroughly eflicient state in hull, machinery, and equipment for and during the service." The answer says on this subject: "'I'enth. Further answering, the claimant and the respondent allege that, while the vessel was in the service of the libelants during the period of the charter above referred to, the llbelants supplied to the vessel certain quantities of coal to be used and that actually were used in the vessel's furnaces. "'his coal was not best Welsh coal. nor was it equivalent in ethclency to best 'For other cases see same topic & Q NUMBER in Dec. & Am. Digs. 1907 to date, & Rep'r indexes Welsh coal. It was of a highly gaseous and flaming nature, it was dirty and impure, and it formed heavy clinker in the furnaces. Its use in the turnaces resulted in fire in the uptakes, funnel, and smoke boxes. It buckled the smoke box doors, and caused them to leak, and interfered with the properworklng of the system of forced draft. The use of the coal also subjected. the furnaces to extraordinary and improper strain, and resulted in an impairment of their condition to such an extent that on the arrival of the vessel at New York. on the return from the west coast of South America, where she had proceeded under orders from the libelants, the surveyor to the British corporation in which the vessel was classed required that the furnaces should be entirely renewed to enable the vessel to retain...

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