United Transp. Co. v. Berwind-White Coal-Mining Co.

(after stating the facts as above). The defense raised below was twofold: (1) That under the charter party language first above quoted the parties intended that no tender of this vessel could or should be made until “custom house formalities are fulfilled”; and (2) that as matter of law (without specific agreement to the contrary) entry at custom house was a prerequisite to being “ready for cargo at her loading port.”

Both these propositions Learned Hand, Circuit Judge, in the court below, decided against respondent, and we agree with his reasons and result. We add as references Gill v.…