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LIBERTY NAVIGATION & TRADING CO. v. KINOSHITA & CO.

178 F.Supp. 729 (1959)

LIBERTY NAVIGATION & TRADING CO., Inc., Plaintiff, v. KINOSHITA & CO., LTD., TOKYO, Defendant.

United States District Court S. D. New York.

December 2, 1959.

Attorney(s) appearing for the Case

Webster, Sheffield & Chrystie, New York City, for plaintiff, John V. Lindsay, Donald J. Cohn, New York City, of counsel.

Hill, Betts & Nash, New York City, for defendant, James E. Freehill, Melvin J. Koch, New York City, of counsel.

DAWSON, District Judge.

This action, tried by the Court without a jury, is one to recover damages for breach of a charter party. The defendant admitted that it breached the charter party. The only issue to be resolved by the Court is the measure of damages to be awarded to a shipowner for a total failure of performance by the charterer.

The Court finds the following facts:

Plaintiff, Liberty Navigation & Trading Co., Inc., is the owner and operator...

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