Thacher v. Boston Gas Light Co.
District Court, D. Massachusetts
The libellant [L. Thaeher], as master and part owner of the schooner, Charles E. Gibson, chartered her to the respondents, to bring a cargo of coal from the Albion Mine, at Pictou, Nova Scotia, to Boston. The charter party contained the following stipulations: “It is agreed that the lay days for loading and discharging shall be as follows (if not sooner despatched), commencing from the time the vessel is ready to receive or discharge cargo.
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The libellant [L. Thaeher], as master and part owner of the schooner, Charles E. Gibson, chartered her to the respondents, to bring a cargo of coal from the Albion Mine, at Pictou, Nova Scotia, to Boston. The charter party contained the following stipulations: “It is agreed that the lay days for loading and discharging shall be as follows (if not sooner despatched), commencing from the time the vessel is ready to receive or discharge cargo. Vessel to take her turn in loading, as customary, at Albion Coal Company, and quick despatch discharging; and that, for each and every day’s detention by…
1Opinion of the Court
LOWELL, District Judge.
The case of Davis v. Wallace [Case No. 3,657], decided by Clifford, J., in the circuit court for this district, in 1868, holds that an agreement for quick despatch overrides any customary mode of discharging vessels, by which they are to take their turn at the wharf. A similar decision has, since that time, been made in the Southern district of New York. Keen v. Audenried [Id. 7,639], The only distinction taken’ at the argument between the former case and this is, that the charter party in Davis v. Wallace [supra], did not designate-the wharf for discharging; while…
2Cited by13 opinions
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- Crossman v. BurrillSupreme Court of the United States · 1900
- Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
- Bruusgaard v. AcostaCourt of Appeals for the Second Circuit · 1923
- Fish v. One Hundred & Fifty Tons of Brown StoneDistrict Court, S.D. New York · 1884
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