Cornwall v. J. J. Moore & Co.

DE HAVEN, District Judge.

The ship Spartan was chartered to the defendant, a corporation, on January 16, 1902, to carry a cargo of grain, lumber, or other merchandise from San Francisco, the vessel’s home port, to Sydney or Melbourne, as the defendant should elect. The charter provided for 14 lay days, to commence 24 hours after the vessel was at the dock ready to receive the cargo, and also contained the following provision:

“Captain to furnish charterers a certificate from' charterers’ marine surveyor (at San Francisco) that the vessel is in proper condition for the voyage. Should the vessel…