Lindsay, Gracie & Co. v. Cusimano

The decision of this case in the district court, as reported in 10 Fed. Rep. 302, on the questions of law involved, is clear and, in my judgment, perfectly correct. As to the obligations of the charterers, arising under the stipulations of the charter-party, “to discharge with customary dispatch,” I concur fully and adopt that decision.

On the facts I come to a different conclusion in regard to the actual rainfall, and the delays occasioned by rains. The cargo should have been discharged in five days. The ship arrived on Thursday, January 27th. Counting Friday, 28th, Saturday, 29th, Monday,…