Krauss Bros. Lumber Co. v. Dimon S. S. Corp.

The appellant filed a libel in rem against the steamship Pacific Cedar, and in personam against her owner. The trial court sustained the exception to the libel filed by the respondent upon the ground that admiralty was without jurisdiction over the matter and-dismissed the libel. Prom this decree the libelant takes this appeal.

The object of the action is to recover an overpayment of freight made by the libelant to the respondent. The claim arises from the contingent' character of the contract of affreightment contained in the “booking agreement” dated November 22,1929, by which the respondent undertook to carry the libelant’s lumber loaded about January 17, 1930, at Puget Sound and Grays Harbor to Philadelphia or New York for $10 per thousand feet net measurement, but, “in. the event regular intereoastal carrier moves similar cargo at lower rate, such lower rate is to be applied.” The lumber was loaded between January 18 and January 25, 1930, and was discharged at New York, Philadelphia and Baltimore between March 1 and 20,1930. During that period respondent demanded and received $14,-657.30 freight thereon, being at the rate of $10 per thousand net measurement. In the month of…