Dewar v. Mowinckel

Citations

• 179 F. 355
• 102 C.C.A. 539
• 1910 U.S. App. LEXIS 4646

Syllabus

<p>1. Admiralty (§ 118*) — Appeal—Review op Findings.</p> <p>The finding of a trial court made on conflicting evidence that a firm to whose agent the bill of lading of a cargo of coal was indorsed was the consignee, and bound by the terms of the bill of lading and charter party in respect to time for discharge, affirmed.</p> <p>[Ed. Note. — For other cases, see Admiralty, Cent Dig. § 770; Dec. Dig. § 118.*]</p> <p>2. Shipping (§ 181*) — Demurrage—Arrival op Ship — Failure op Consignee to Designate Place poe Dischaeging.</p> <p>Where the consignee of a ship’s cargo is given the right by the charter party to designate the place of discharge at the port of delivery, either at a safe wharf or alongside, it is his duty to exercise such right within a reasonable time after notice of the arrival of the vessel at the port, and his failure to do so is a waiver of the right, and entitles the ship to consider her voyage at an end, and give notice of her readiness to discharge, which will start her lay days to running.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 589-592; Dec. Dig. § 181.*</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 2L O. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.]</p> <p>3. Shipping (§ 173*) — Cuartee Party — Construction—Cesser Clause.</p> <p>The rule of construction of a charter party containing a cesser clause relieving the charterer from responsibility after the completion of loading and also providing that the charterer shall pay freight and demurrage for delay in discharging, and giving a lien therefor, is that the cesser clause is to be construed, if possible, as inapplicable to a liability with which the lien is not commensurable, and where a ship was required to deliver her cargo of coal to a purchaser, and discharge the same upon a general pile, by which the lien was lost, the charterer may be held liable for the freight and demurrage.</p> <p>[Ed. Note. — For other cases, see Shipping,