Commercial Arbitration Electronic Resource Being a Compilation of Awards of
Commercial Arbitration Electronic Resource Being a Compilation of Awards of
Horace Arthur Dunn
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The shipper claimed a shortage of 157 bags at the average gross weight of 203 Ibs. Per bag, and demanded payment therefor. The vessel owner rejected the claim and asserted that the vessel delivered all of the Nitrate actually shipped. Held, That the vessel is required to deliver, according to bills of lading, 15, 816 bags at an average landed weight per bag of 203 Ibs. , allowing for a shrinkage of two pounds per bag, according to Shipper's letter of December 9, 1920. The total bags shipped (15..., 816) at an average weight of 203 Ibs. Per bag would be 3, 210, 648 Ibs. The landed weight of the nitrate, as shown by Shipper's letter of December 8, 1920, was 3, 205, 160 Ibs. , which would be a shortage of 5, 488 Ibs. Or 2. 45 tons of 2, 240 Ibs. 5, 488 Ibs. At $3. 55 per 100 Ibs $194. 82 Less freight at $17. 50 per 2, 240 Ibs 42. 88 Leaving amount to be paid by vessel $151. 94 We decide that Owner shall pay to Shipper the sum of $151. 94 for short delivery of bags of nitrate shipped per S. S.
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