Legal Opinion

Morgan v. Vlasto

District Court, S.D. New York

Decided January 17, 1901PublishedCited by 3 opinions

■In Admiralty. Demurrage. Lay days.

1Opinion of the Court

BROWN, District Judge.

As respects the time when the lay days begin to run, the charter is so explicit that no variation from its terms can be allowed, i. e. “from 6 o’clock of the morning next after the vessel is reported and all ready to load or discharge, of which the captain is to give notice in writing to shippers or consignees.”

In Aalholm v. A Cargo of Iron Ore (D. C.) 23 Fed. 620, the terms “all ready to discharge” were held to mean “a present readiness to commence the actual discharge.”

The consignee in this case, having received verbal notice of the arrival of the vessel off Liberty…

2Cases cited3 opinions

  1. Smith v. LeeCourt of Appeals for the First Circuit · 1895
  2. Addicks v. Three Hundred & Fifty-Four Tons Crude KainitDistrict Court, S.D. New York · 1885
  3. Aalholm v. A Cargo of Iron OreDistrict Court, S.D. New York · 1885

3Cited by3 opinions

  1. Aktieselsikabet Fido v. Lloyd BrazilieroCourt of Appeals for the Second Circuit · 1922
  2. Fukaya Trading Company, SA v. Eastern Marine Corp.District Court, E.D. Louisiana · 1971
  3. Dewar v. MowinckelCourt of Appeals for the Ninth Circuit · 1910

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