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Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919)
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Allanwilde Transport Corporation v. Vacuum Oil Company No. 449, 450 Argued December 12, 1918 Decided January 13, 1919 248 U.S. 377
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
A charter of a sailing vessel and the bill of lading provided "Freight to be prepaid net on signing bills of lading," "Freight earned, retained and irrevocable, vessel lost or not lost." The vessel endeavored in good faith to make the voyage, but was delayed by a storm, requiring her return for repairs, and then indefinitely by the act of the government in denying clearance to sailing vessels destined for the war zone. Held that the carrier was relieved of the obligation to carry, and need not secure transportation by other means or refund the prepaid freight. P. 385.
The bill of lading for other goods for the same voyage provided that the full freight should be due and payable on receipt of goods by the carrier, and that any payment in respect of them should be deemed fully earned and due and payable to the carrier at any stage before or after loading, without deduction, if unpaid, or refund in whole or in part, if paid, "goods or vessel lost or not lost, or if the voyage be broken up." It also exempted the carrier from liability "for any loss, damage, delay or default, . . . by arrest or restraint of governments, princes, rulers, or peoples." Held, ut supra. P. 386.
The cases are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919) in 248 U.S. 377 248 U.S. 381. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=3CE5LUYSQHHSYFH.
MLA: U.S. Supreme Court. "Syllabus." Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919), in 248 U.S. 377, page 248 U.S. 381. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3CE5LUYSQHHSYFH.
Harvard: U.S. Supreme Court, 'Syllabus' in Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919). cited in 1919, 248 U.S. 377, pp.248 U.S. 381. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=3CE5LUYSQHHSYFH.
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