Actiesselskabet Albis v. Munson

Citations

• 130 F. 32
• 1904 U.S. Dist. LEXIS 243

Syllabus

<p>1. Shipping — Charter Hire under Time Charter — Loss op Time Waiting por Docking.</p> <p>A time charter for a steamer which was employed in West Indian waters provided that she should be docked, cleaned, and painted at least once every six months if the charterer thought necessary, hire to be suspended until she was again in proper state for service. By a subsequent amendment it was provided that the docking should be done only in United States ports where there were facilities, to which she should be sent by the charterer on his own account, who should also pay for all time lost in shifting ports. The charterer sent the vessel to Mobile to be docked, and on her arrival there notified the master that she was then off time, which notice the master refused to accept, as she had not docked, and could not for want of facilities, the only dock available being out of repair. After a delay of nearly a month she proceeded to New Orleans,' where she was docked. Held, that the charterer was liable for charter hire during the delay at Mobile, it being his duty under the contract to determine when she should be docked, and to take her to a port where there were facilities.</p> <p>2. Same.</p> <p>The charterer was not relieved from the payment of hire because, while waiting at Mobile for the dock to be put in condition, the owners utilized the time to make some repairs on the vessel, where she remained in a condition to sail on short notice.</p>