Bonanno v. Tweedie Trading Co.

Citations

• 117 F. 991
• 1902 U.S. Dist. LEXIS 124

Syllabus

<p>1. Shtpftng—Charter Party—Action of Charterer in Preventing Entry of Vessel at Custom House.</p> <p>A charterer who by obstructive tactics prevents the owner from entering the vessel at the custom house before the time she was required by the charter to be tendered for loading will not be permitted to avail himself of the fact that she was not so entered as a ground for canceling the charter.</p> <p>2. Same—Tender of Vessel for Loading—Custom of Port.</p> <p>To establish a custom of a port requiring vessels to be entered at the customhouse before they can be tendered for loading, to save a cancellation date, it must be shown to be so general and notorious that all persons dealing in the market are presumed to have knowledge of it. Evidence held insufficient to establish such a custom at the port of Baltimore.</p> <p>8. Same—Construction of Charter—Notice of Readiness to- Load.</p> <p>A charter provided that loading should commence when written notice was given of the steamer being ready to load, “such notice to be given between business hours of 9 a. m. and 5 p. m., or 1 p. m. on Saturdays.” It was also provided in another clause that, if the ship should not be ready in loading dock before 9 a. m. on April 15th, the charterer should have the option of canceling the charter, to be declared on notice of readiness being given. The vessel arrived at the designated dock on Sunday, April 14th, and gave notice of readiness to load, and a second notice before 9 a. m. Monday. The charterer refused to recognize these notices, claiming that notice could not legally be given, under the terms of the contract, later than 1 p. m. on Saturday, and, on notice being again given after 9 o’clock, it declared its intention to cancel the charter; the purpose being to force a lower rate, freights having declined after the charter was made. Held, that the only purpose of the requirement that notice should be given in business hours was to prevent the running of demurrage at a time when