United States v. Bowring & Co.

KNOX, District Judge.

The question as to whether the absence of bunkers sufficient for the needs of a chartered voyage, at the time a vessel gives notice of readiness to load her cargo, renders such notice a nullity, is one to be determined by attendant facts. If bunkers are available, and can readily be taken on board, the notice may be effectual to start the running of lay days. If, on the other hand, bunkers are not available, or it is necessary for the vessel to go to another port to obtain them, as was the ease in Crow v. Myers (D. C.) 41 F. 806, I should be inclined to treat the notice…