|
|
The Atlanten, 252 U.S. 313 (1920)
Contents:
Show Summary
Hide Summary
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.
The Atlanten, 252 U.S. 313 (1920)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 252 U.S. 308, click here.
The Atlanten* No. 171 Argued March 10, 1920 Decided March 22, 1920 252 U.S. 313
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
A charter party provided that, should any dispute arise, it should be settled by referees, to be appointed by the captain and the charterers respectively, whose decision, or that of an umpire, should be final, and that any party attempting to revoke such submission to arbitration without permission of court should be liable to pay the estimated freight as liquidated damages. Held that this could not be construed to apply where there was not merely a dispute in carrying out the contract, but a substantial repudiation of it, by the shipowner’s declining to go on with the voyage unless the freight rate were increased. P. 315.
A clause in a charter party: "Penalty for nonperformance of this agreement to be proved damages, not exceeding estimated amount of freight," held inapplicable where the shipowner substantially repudiated the contract by refusing to go on with the voyage. P. 316.
Such a clause provides a penalty, and leaves the ordinary liability upon the undertakings of the contract unchanged. Id.
Presumption that, in such a matter, the rule on the continent of Europe is the same as in England and the United States. Id.
250 F. 935 affirmed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," The Atlanten, 252 U.S. 313 (1920) in 252 U.S. 313 252 U.S. 314. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=G9K2CVDCSIH6VZU.
MLA: U.S. Supreme Court. "Syllabus." The Atlanten, 252 U.S. 313 (1920), in 252 U.S. 313, page 252 U.S. 314. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=G9K2CVDCSIH6VZU.
Harvard: U.S. Supreme Court, 'Syllabus' in The Atlanten, 252 U.S. 313 (1920). cited in 1920, 252 U.S. 313, pp.252 U.S. 314. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=G9K2CVDCSIH6VZU.
|