Robert Dollar Co. v. American Asiatic Co.

American Asiatic Company, charterer, filed a libel against the Robert Dollar Company, owner, to recover damages for breach of charter party, whereby the owner let to charterer the ship Kaijo Maru. Owner filed a libel for additional charter hire. The adventure was a voyage to Acapulco for rails and return to- San Francisco to complete loading, if any space were available, and a voyage with the rails to Kobe, Japan. The performance of the charter party was guaranteed by a bank in Oakland, Cal., and by Weissbaum & Co. The damages alleged arose by reason of the departure of the ship from the loading port without cargo. Fór a full statement of the case, reference is made to American Asiatic Co. v. Robert Dollar Co. (C. C. A.) 282 F. 743 .

After trial of the consolidated libels, bhartereris libel was dismissed, and owner's libel was sustained. On appeal, this court held that the Dollar Company breached the charter party, and reversed the decree, with remand of the ease. American Asiatic Co. v. Robert Dollar Co., supra, certiorari denied 261 U. S. 615 , 43 S. Ct. 361 , 67 L. Ed. 828 . Thereafter, in due course, a commissioner, after hearing testimony, found that the owner owed charterer…