Harrington v. American Tie & Lumber Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of Mew York. Suit in admiralty by J. R. Harrington against the American Tie & Dumber Company. Decree for libelant, and respondent appeals.
1Opinion of the Court
NOYES, Circuit Judge (after stating the facts as above).
The respondent was bound to pay demurrage only on account of delay caused by its default. And as the cargo was ready any possible default must have had its basis in the clause in the charter party: '“Charterer’s stevedore to be employed in loading.” In our opinion, however, this provision did not impose upon the charterer any obligation either to furnish a stevedore or to load the vessel. It merely gave the charterer a privilege or option which it might or might not exercise. If it did not exercise it, the master was bound to do the…
2Cited by1 opinion
- Brooks v. Hilton-Dodge Lumber Co.Court of Appeals for the Second Circuit · 1916