The Hurstdale

Citations

• 169 F. 912
• 1909 U.S. Dist. LEXIS 331

Syllabus

<p>Shipping (§ 51*)—Charter—Deficient in Speed—Diabilities op Owneb.</p> <p>The owner stated in the contract that the vessel would steam 8% knots per hour on about 17 tons of best Welsh coal per 24 hours, but that the particulars “are not guaranteed.” The quality of coal mentioned was not furnished by the charterers. Held that the owner was bound by its agents’ representations but that in order to entitle the libellants to recover it was incumbent upon them to show that the owner’s representations were designedly false and that the libellants relied thereon. Also held that the owner had some justification for believing that the statement with reference to speed was true and that the clause containing the words quoted was at least a notice to the libellants not to rely upon it.</p> <p>[Ed. Note.—For other cases, see Shipping, Dec. Dig. § 51.*]</p> <p>(Syllabus by the Judge.)</p>