J. Aron & Company, Inc. v. S/s Olga Jacob, Her Engines, Tackle, Etc., in Rem, Sterling Navigation Co., Ltd., in Personam

Here there was an agreement to extend the time within which to file suit as provided by COGSA, 46 U.S.C. § 1303(6). The agreement expired bn Sunday. The District Court held that filing of suit on the following day, Monday, was not timely. We reach the contrary conclusion and reverse.

The District Court considered inapplicable the common law rule that when an act is to be performed within a given number of days and the last day falls on Sunday, the person charged with acting has the following day to comply. The court relied upon United Fruit Co. v. J. A. Folger & Co., 270 F.2d 666 (C.A.5,…