Legal Opinion
Elder Dempster S. S. Co. v. Earn Line S. S. Co.
Court of Appeals for the Second Circuit
Decided February 16, 1909No. 167PublishedCited by 3 opinions
Appeal from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree of the District Court adjudging the amount of dispatch money to be paid by shipowners to charterers upon discharge in the port of Havana. The opinion of the District Court is reported in 163 Fed.' 868.
1Per curiam
The charter party contains the following clauses:
“Consignees to receive cargo at port of discharge at the rate of not less than 400 tons of coal per running- day, Sundays and legal holidays excepted. Lay days at port of discharge to commence 24 hours after steamer’s entry at custom house, and steamer to work at night, if required.”
“Steamer to pay charterers or their agents dispatch at the rate of * * * for each lay day not used at discharging port.”
The steamship arrived at Havana on December 27th at 8:30 a. m., was entered at the custom house at 10 a. m. of the same day, and discharge…
2Cases cited2 opinions
- Leary v. TalbotCourt of Appeals for the Second Circuit · 1908
- The CyprusU.S. Circuit Court for the District of Eastern Louisiana · 1884
3Cited by3 opinions
- South American Metal Co. v. KjogeCourt of Appeals for the Fourth Circuit · 1926
- Aktieselskabet Christianssand v. W. R. Grace & Co.Court of Appeals for the Second Circuit · 1924
- N. V. Zuid-Hollandsche Scheepvaart Maatschappij of Rotterdam v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1932