Mitchell v. A Cargo of Lumber

Citations

• 117 F. 189
• 1902 U.S. Dist. LEXIS 70

Syllabus

<p>1. Shipping—Charter Party—Port op Discharge.</p> <p>Where a ship was chartered from Halifax to the port of New York, she cannot he compelled to discharge at New Rochelle, on Long Island Sound; that place being neither within the port of New York geographically, nor as defined by Greater New York Charter 1901, § 864, etc.</p> <p>2. Same—Waiver.</p> <p>Where consignees of a cargo illegally required the consignee of a vessel to unload at a certain point, which he refused to do, the fact that he also refused because his vessel would not lie afloat'at that place did not constitute a waiver of his claim that the cargo consignees had no right under the charter to compel a delivery there.</p>