Red R. S. S. Co. v. North American Transport Co.

Citations

• 84 F. 467
• 1898 U.S. Dist. LEXIS 62

Syllabus

<p>1. Charter or Steamer— Lay-Days — Dispatch Moneys — Trans Saved in Loading.</p> <p>A charter of the steamship William Storrs to the defendants, allowed for loading 15 running days: Sundays and holidays excepted, and dispatch money XI0 per day for each day or part of a day saved in loading. The master permitted the charterers to commence loading with the use of the ship's appliances on the day preceding the time when the lay-days hy the charter began, without prejudice to the continuance of the lay-days. Held, that the time used hy the charterers in loading on the day preceding the commencement of the lay-days, was not time saved in loading, and that the charterers could not, therefore, claim dispatch money for that time.</p> <p>3. Same — Detention ov Ship’s Papers.</p> <p>Dnder a second charier of the same steamer, 18 running lay-days were allowed, Sundays and legal holidays excepSed, with the provision for dispatch moneys at £15 per day “if steamer he dispatched in less time than is specified.” Held under this provision of the charter that the right to dispatch moneys would begin on the day the ship was actually dispatched hy the charterers, notwithstanding their use of the ship hy permission for loading before the lay-days commenced. Held, further, that under a charter providing for hills of lading and a delivery of the cargo according to the custom of the port, the charterers had no right to require the master to sign hills of lading containing more specific provisions as to a particular alleged custom of which the master was ignorant, or to detain the vessel on account of Ms refusal to sign such bills, although the custom was in fact correctly stated, and the dispatch moneys, therefore, could not be claimed for the'time lost in dispatching the ship on account of this controversy.</p> <p>i.Syllabus hy the Court.)</p>