The Edward T. Stotesbury

Citations

• 187 F. 111
• 109 C.C.A. 31
• 1911 U.S. App. LEXIS 4493

Syllabus

<p>1. Shipping (8 181*) — Demurrage—Day Days fob Discharging.</p> <p>Where by the terms of a charter party the charterer is to name the berth for discharging, he should be ready to receive the cargo when ihe vessel is ready to deliver, even if she cannot do so, either because lie has not named the berth, or because he has named a berth to which she cannot get, or to which she is prevented from getting through no fault of hers.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. §§ 589-592; Dec. Dig.1 § 181*</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.]</p> <p>2. Shipping (§ 181*) — Demurrage—Day Days fob Discharging.</p> <p>Where a charter party required delivery of the cargo of lumber at the port of New York, and provided that the lay days for discharging were to begin when “captain rej>orts his vessel ready to discharge cargo in New York Harbor,” he may give the notice when ready in such harbor, notwithstanding a further provision that the charterer shall pay towage from mouth of Newtown creek and return, which does not bind the charterer to hare her discharge at a berth in such creek, but merely gives him the option to do so.</p> <p>[Iicl. Note. — For other cases, see Shipping, Cent. Dig. §§ 589-592; Dee. Dig. § 181.*]</p>