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A/S FALKEFJELL v. ARNOLD BERNSTEIN SHIPPING CO.

November 24, 1953

A/S FALKEFJELL
v.
ARHOLD BERNSTEIN SHIPPING CO. Inc.



The opinion of the court was delivered by: CONGER

The cause was tried upon an agreed statement of facts which follows and which I adopt as my findings of fact herein:

'1. The libelant was and still is a corporation organized and existing under the laws of the Kingdom of Norway, with its office and place of business at Oslo, Norway, and at all material times was the owner of the Norwegian s/s Tindefjell.

'2. The respondent was and still is a New York corporation with offices at 17 Battery Place, New York 4, N.Y.

 '3. On or about January 16, 1940, libelant and respondent entered into a contract of charter whereby libelant chartered its s/s Tindefjell to respondent for a voyage from a safe port or ports, Northern range of the U.S. (Fast coast), to a safe port or ports, Narvik/Gothenburg Range.

 'A photostatic copy of said charter is attached hereto, marked 'Exhibit A.'

 'Said charter provided in part as follows:

 '13. The Captain shall sign Bills of Lading or Master's receipts as and when presented, without prejudice or reference to this Charterparty.'

 'Respondent at the time of signing the said charter was in fact agent for North Atlantic Steamship Corporation, later changed to General Atlantic Steamship Corporation, but did not disclose the name of its principal in signing the said charter.

 '4. It was subsequently agreed between libelant and respondent that the respondent was authorized to sign bills of lading on the Master's behalf.

 '5. The s/s Tindefjell proceeded to New York, where a general cargo was loaded on the vessel and a number of bills of lading were delivered to shippers who had been solicited to ship on the vessel.

 '6. On or about January 27, 1940, respondent through its employee, signed a bill of lading which recited, that 197 bales of cotton waste had been received on board the s/s Tindefjell. The bill of lading was signed as follows:

 "Dated in New York Jan. 27, 1940 For and on behalf of the Master by North Atlantic Steamship Corporation, Arnold Bernstein Shipping Co., Inc., Agents

 By -- -- -- -- ...


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