Tatsuuma Kisen Kabushiki Kaisha v. Robert Dollar Co.

This is a proceeding in rem brought by the Robert Dollar Company against the Japanese steamer Hakutatsu Maru. It is alleged in the libel: That on May 27, 1925, the libelant shipped on the Hakutatsu Maru from Vancouver, B. C., to Hongkong, a cargo of lumber, and prepaid the freight thereon. That the shipment arrived in Hongkong on September 13, 1925. Although demanded by libelant, the vessel refused to make delivery until libelant had paid an additional sum of $1,580.68. That the libelant, being in immediate need of the lumber, paid such amount under protest, and it has not been repaid.

The answer admits the shipment as alleged, the arrival at Hongkong, the refusal to *402 make delivery until the payment of the additional sum, the payment of the same under protest, and for an affirmative defense avers that the goods mentioned in the libel were shipped under a bill of lading whieh provides: “(8) If the vessel be prevented by stress of weather, war, bloekade, seizure, restraint, riot, strike, lockout, interdiet, disease, or any other cause of whatsoever kind from entering said port of delivery on her arrival at or near the same, or from discharging any or all of said merchandise, or…