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Lake Galera. v. Lamborn

August 23, 1932

THE LAKE GALERA.; UNITED STATES
v.
LAMBORN ET AL.; THE LAKE PACHUTA.; UNITED STATES V. JAMISON ET AL.; THE CHAPPELL.; UNITED STATES V. LAMBORN ET AL.



Appeals from the District Court of the United States for the Southern District of New York.

Author: Hand

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

These are appeals from three interlocutory decrees in favor of the United States which had brought suits in admiralty to recover demurrage incurred by vessels at the loading ports in Cuba against the respondents, the consignees or receivers of cargoes of sugar in New York.

In the case of the steamship Galera, which belonged to the United States, there was a charter of the vessel to L. Munoz & Co. It provided among other things as follows:

"Demurrage in loading and discharging, except as provided below, shall be payable by the charterer or his agent day by day on the basis of forty-eight cents (48›) U.S. Currency per gross registered tonnage per day. * * *

"Demurrage at loading port shall be endorsed upon bills of lading, but whether so endorsed or not, upon proof of its having been incurred at said loading port, shall become a lien upon the cargo and shall be collectible in the same manner as the freight money. * * *

"Bills of Lading.

"Fifth. Bills of Lading on approved form shall be signed without prejudice to this Charter and subject to this contract as to freight, dead freight and all other conditions including loading, discharging, demurrage and despatch. * * *

"Lien on Cargo.

"Thirteenth. Vessel shall have an absolute lien on cargo for freight, dead freight and demurrage, both loading and discharging."

Similar clauses were incorporated in the charter parties for the steam tug Lake Pachuta and the steamship Chappell.

Bills of lading were issued for each of the three vessels containing the following clauses applicable ...


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