Dow

Dow v. Hare

Good Law
7 F. Cas. 984·1876 U.S. Dist. LEXIS 135
United States District Court, Northern District of CaliforniaMay 12, 1876California2,535 words

Opinion

Lead Opinion

Hoffman, J.

On the 3rd of June, 1875, the respondent chartered the bark Sierra Nevada, of which libelant was master, to convey a cargo of coals, then on board, -and of which the respondent was the owner, from San Francisco to the port of Ounalaska. The charter party provided that ten running ■days should be allowed for the discharge of the cargo, to commence on the date of arrival; charterer to furnish lighter when re-quired for ballasting the vessel at Ounalaska free of expense; and for each and every day’s detention by default of charterer or his agent $100 per day were to be paid to the respondent or his agent; cargo to be discharged by charterer free of all expense to vessel; free of commissions; any port charges to be borne by charterers. On the 7th •and 10th days of June, respectively, the libel-ant executed and delivered two sets of. bills -of lading. By the first, he agreed to deliver two hundred tons of coal to the Alaska Commercial Company or assigns; cargo to be received at Ounalaska and delivered as .per condition of charter party. By the second set of bills of lading, the master agreed to deliver 3S7 tons of coal, more or less, unto ■“U. S. Steamer Saranac or to assigns;’’ cargo…

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