Aalholm v. A Cargo of Iron Ore
District Court, S.D. New York
In Admiralty. This libel was filed to recover demurrage for the detention of the Norwegian bark Emigrant, in the loading and discharge of a cargo of iron ore, under a charter of that vessel from Gartliagena, Spain, to New York.
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In Admiralty. This libel was filed to recover demurrage for the detention of the Norwegian bark Emigrant, in the loading and discharge of a cargo of iron ore, under a charter of that vessel from Gartliagena, Spain, to New York. The charter provided that she should take on board “say about 600 tons of iron ore, to be loaded and discharged at the rate of 70 tons per weather working day of 24 hours, Sundays and holidays excepted;” the cargo “to be received and delivered in turn, as customary, at the ports of lading and discharge,” and “delivered as directed by the consignees,” the charterers to…
1Opinion of the CourtBrown, J.
The claimants, by their charter-party, had a right to direct the ship to her place of discharge. They first directed her to a dock at Jersey City. The captain objected to going there, reporting to the claimants that on inquiry he had been told that there was not sufficient water at the dock assigned. The evidence as to the actual depth of water there is, however, inconclusive and unsatisfactory. Had the unloading taken place at the dock at Jersey City, the discharge would have been made into cars rapidly and without interruption. The ship was at that time j ust outside of the Atlantic docks,…
2Cited by1 opinion
- Morgan v. VlastoDistrict Court, S.D. New York · 1901