Schmidt v. Keyser
Opinion of the Court
as the organ of the court, said:
The issues in this case are the same as those in Wood v. Keyser (No. 654) 84 Fed. 688, 87 Fed. 1007, and Steamship Co. v. Keyser (No. 653) 84 Fed. 693, 87 Fed. 1005, recently decided by this court, except that in this cause reliance is placed on the “cessor clause” to wholly relieve the charterers from liability. The provisions of the charter party must be construed together. By articles 8, 9, and 10 of the
We notice that Lord Esher, M. R, in Clink v. Radford [1891] 1 Q. B. Div. 625, said that the main rule to be derived from the cases interpreting the “cessor clause” is that the court will construe it as inapplicable to the particular breach complained of if, by construing it otherwise, the shipowners would be left unprotected in respect to that particular breach, unless the clause is expressed in terms which prohibit such a conclusion. In Christoffersen v. Hansen, L. R. 7 Q. B. 509, where the charter party provided that all liability on the part of the charterer should “cease as soon as he shipped the cargo,” it was held that the clause applied only to liability accruing after the loading, and did not release the charterer from liability accruing before the completion of the loading. The decree appealed from is affirmed.
Reference
- Full Case Name
- SCHMIDT v. KEYSER KEYSER v. SCHMIDT
- Cited By
- 3 cases
- Status
- Published