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Allanwilde Transport Corp. v. Vacuum Oil Co., 248 U.S. 377 (1919)

Allanwilde Transport Corporation v. Vacuum Oil Company

No. 449, 450

Argued December 12, 1918

Decided January 13, 1919

248 U.S. 377


A charter of a sailing vessel and the bill of lading provided "Freight to be prepaid net on signing bills of lading," "Freight earned, retained and irrevocable, vessel lost or not lost." The vessel endeavored in good faith to make the voyage, but was delayed by a storm, requiring her return for repairs, and then indefinitely by the act of the government in denying clearance to sailing vessels destined for the war zone. Held that the carrier was relieved of the obligation to carry, and need not secure transportation by other means or refund the prepaid freight. P. 248 U. S. 385.

The bill of lading for other goods for the same voyage provided that the full freight should be due and payable on receipt of goods by the carrier, and that any payment in respect of them should be deemed fully earned and due and payable to the carrier at any stage before or after loading, without deduction, if unpaid, or refund in whole or in part, if paid, "goods or vessel lost or not lost, or if the voyage be broken up." It also exempted the carrier from liability "for any loss, damage, delay or default, . . . by arrest or restraint of governments, princes, rulers, or peoples." Held, ut supra. P. 248 U. S. 386.

The cases are stated in the opinion.

Page 248 U. S. 381

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