Anderson v. Bowring & Co.

Citations

• 197 F. 675
• 1911 U.S. Dist. LEXIS 34

Syllabus

<p>1. Shipping (§ 49*) — Charters—Construction—Delivery oe Vessel.</p> <p>Under a time charter party for a steamship providing that charter hire should commence “from the day on which she is delivered or placed at the disposal of the charterers at * * * or * * * in such dock or such safe wharf or place as charterers may direct,” the vessel was delivered when, by direction of charterers’ agent, she proceeded to one of the designated ports and as near as possible to a jpoaling wharf to await her turn to coal, and the charter hire then commenced, although she was obliged to wait several days for a berth.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 187-202; Dee. Dig. § 49.*]</p> <p>2. Shipping (§ 49*) — Time Charter — Construction—Charter Hire.</p> <p>A provision of a time charter party that “in the event of the loss of time from deficiency of men or stores, breakdown of machinery, collision, docking, stranding or other accident or damage preventing the working of the vessel for more than 24 consecutive hours, the time lost shall be allowed to the charterers,” did not relieve the charterers from the payment of charter hire while the vessel was “docked” for receiving or discharging cargo or taking on bunker coals.</p> <p>[Ed. Note. — For other eases, see Shipping, Cent. Dig. §§ 187-202; Dec. Dig. § 49.*]</p>