Home/S.D. New York/Unique Shipping Co. v. J. M. Guffey Petroleum Co.

Unique Shipping Co. v. J. M. Guffey Petroleum Co.

169 F. 905, 1909 U.S. Dist. LEXIS 330
CourtDistrict Court, S.D. New York
DecidedMay 7, 1909
StatusPublished
Cited by1 cases

This text of 169 F. 905 (Unique Shipping Co. v. J. M. Guffey Petroleum Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Unique Shipping Co. v. J. M. Guffey Petroleum Co., 169 F. 905, 1909 U.S. Dist. LEXIS 330 (S.D.N.Y. 1909).

Opinion

ADAMS, District Judge.

This action was brought by the Unique Shipping Company, the chartered owner of the schooner W. L. Douglas, to recover the balance of certain freight on an oil cargo in bulk carried by the schooner on two voyages in October and November, 1906, from Port Arthur, Texas, to New York and Philadelphia. On the first, it was claimed that $2,051.04 remained due and on the second, $2,864.56. A further claim was made because the respondent’s steamer Ligonier refused to tow the schooner to the mouth [906]*906of the Schuylkill River in conformity with a contract and dropped her near the Delaware Breakwater, from which point she was towed by tugs of less power than the Rigonier whereby the schooner was delayed 33 hours for which the libellant became entitled to compensation at the rate of $12.50 per hour, amounting to $412.50. A further claim was made for the loss of a steel hawser belonging to the schooner amounting to $500. The total claims made in the libel amounted to $5,828.10.

The answer, after some admissions and denials, alleged as follows:

“Eighth. Further answering, this respondent avers that * * * on said voyage No. 4 and in the beginning of voyage No. 5 the steamer of the respondent was delayed and detained in all for 120 hours by fault of libellant, for which, under the towing agreement (Schedule B of the libel) the Unique Shipping Company became liable to pay at the rate of twenty dollars per hour.
The items that thus became payable to the respondent, with the-credit of the libellant, are set forth in detail in Exhibit 1, hereto annexed, which is made a part hereof. By reason of these items, and respondent’s payment of $6,0(50 on account, as set forth in said statement, there became due respondent from libellant on account of said fourth voyage a balance of $1,156.80 which remained due at the commencement of the fifth voyage and for which no payment has been made or credit given by libellant.
Ninth. Further answering, this respondent alleges that pursuant to the terms of the shipping contract and the towing agreement, Schedules A and B of the libel respectively, certain items beeáme due from libellant for shortages, demurrage and lighterage under and pursuant to the terms of said contract and agreement. These items are set forth in detail in Exhibit 2. hereto annexed, which is made a part hereof. By reason of these items, including the balance of $1,156.80 due as above alleged in article eighth thereof, there remained due and owing to libellant at the end of said fifth voyage the sum of $5,160.54 which was paid by respondent to libellant, December 5th, 1906, and on March 27th, 1907, as set forth in said Exhibit 2, and upon said payments no sum whatever remained due and owing from respondent to libellant.”

Annexed to the answer were the following statements of account, alluded to therein:

“Exhibit 1.
J. M. Guffey Petroleum Company, in account with Unique Shipping Company. Sehr. ‘Win. L. Douglas,’ Voyage No. 4.
Freight on 39,091.38 bbls. at 35<i..................... $13,681.98
% bill of Meyer & Co. for inspection................ 22.50
- $13,704.48
Towing ........................................... 5,000.00
Shortage .....'..................873.03 bbls.
Dess 5% of 39,964.41 bbls. Gross
Intake .......................199.82 “
673.21 “ at $1.20 807.84
Demurrage, 1120 hrs. at $20.00.-.................... 2,400.00
Dighterage 13,053.72 bbls. at 5%..................... 652.69
Cartage paid Sept. 22, 1906, per bill rendered........ .75
-• ' 8,861.28
4,843.20
Paid on account.......................■....... 6,000.00
Balance due J. M. G. P. Co.................... $ 1,156.80
[907]*907
J. M. Guffey Petroleum Company, in account with Unique Shipping Company.
Schooner ‘Wm. L. Douglas,’ Voyage No. 5.
Dr.
Freight on 39,344.30 bbls. oil at 350.................$13,770.50
% bill of Meyer & Co. for inspection................. 22.50
- $13,793.00-
Credits. .
Towing ............................................$ 5,000.00
Shortage .......................204.21 bbls.
Less 5% of gross intake (39,546.51
bbls.) .........................197.74 “
6.47 “ at $1.20 7.76
Demurrage ............109 hours
Less free time......... 24 “
85 “ at $20.00......... 1,700.00
Lighterage 13,828 bbls. at 50........................ 691.40
Amount paid Red Star Tugs for towage of Schooner
from Anchorage to Gibson’s Point, per their bill
Dec. 5th.......................................... 60.00
Bills rendered by Gulf Refining Co.:
1 Telephone call Bayonne to Philadelphia............ .75
Oil furnished at Port Arthur........................ 15.75
Balance due J. M. Guffey Petroleum Co. on a/c Voyage
No. 4, per statement dated 3/27/07................ 1,156.80
Amount paid on account Dec. 6th................... 5,000.00
“ “ “ “ Mar, 27th................. 160.54
$13,793.00 $13,793.00”

By consent of the parties, the matter was referred to a commissioner, who subsequently reported, in part, as follows:

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Related

Unique Shipping Co. v. J. M. Guffey Petroleum Co.
177 F. 1005 (Second Circuit, 1910)

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Bluebook (online)
169 F. 905, 1909 U.S. Dist. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unique-shipping-co-v-j-m-guffey-petroleum-co-nysd-1909.