Allanwilde Transport Corp. v. Vacuum Oil Co.

Third Circuit

Allanwilde Transport Corp. v. Vacuum Oil Co.

256 F. 987, 167 C.C.A. 663, 1919 U.S. App. LEXIS 1444

CourtCourt of Appeals for the Third Circuit

DecidedMarch 10, 1919

DocketNo. 2337

StatusPublished

This text of 256 F. 987 (Allanwilde Transport Corp. v. Vacuum Oil Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allanwilde Transport Corp. v. Vacuum Oil Co., 256 F. 987, 167 C.C.A. 663, 1919 U.S. App. LEXIS 1444 (3d Cir. 1919).

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Opinion

PER CURIAM.

The controversies in this case and in the companion case of Allanwilde Transport Corporation v. A. W. Pidwell, 256 Fed. 987, - C. C. A. -, grew out of an order of the government refusing clearance to any sailing vessel bound for the war zone, and involved questions of law, iVhotlier the said order frustrated the adventure, and in consequence relieved the carrier from further obligation (1) to carry the cargo and (2) to return the prepaid freight. As the government’s order affected many carriers and shippers on the Atlantic* seaboard, raising similar or kindred controversies, we certified the questions to the Supreme Court. As the Supremo Court has answered these questions in the affirmative (248 U. S. 377, 39 Sup. Ct. 147, 63 L. Ed. -), we now order that the decree below be reversed, and that the libel be dismissed, with all costs to the claimant.

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PER CURIAM.

The controversies in this case and in the companion case of Allanwilde Transport Corporation v. A. W. Pidwell, 256 Fed. 987, - C. C. A. -, grew out of an order of the government refusing clearance to any sailing vessel bound for the war zone, and involved questions of law, iVhotlier the said order frustrated the adventure, and in consequence relieved the carrier from further obligation (1) to carry the cargo and (2) to return the prepaid freight. As the government’s order affected many carriers and shippers on the Atlantic* seaboard, raising similar or kindred controversies, we certified the questions to the Supreme Court. As the Supremo Court has answered these questions in the affirmative (248 U. S. 377, 39 Sup. Ct. 147, 63 L. Ed. -), we now order that the decree below be reversed, and that the libel be dismissed, with all costs to the claimant.

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256 F. 987, 167 C.C.A. 663, 1919 U.S. App. LEXIS 1444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allanwilde-transport-corp-v-vacuum-oil-co-ca3-1919.

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