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Lloyd's Law Reports

STAG LINE, LTD. v. BOARD OF TRADE.

(1949) 83 Ll.L.Rep. 356

KING'S BENCH DIVISION.

Before Mr. Justice Devlin.

Charter-party-Arrived ship-Demurrage -Commencement of lay days-Arrival at nominated loading port - Nomination of loading berth by charterers- Delay in berthing-Right of charterers to nominate berth-Custom-"Scanfin" Adapted Form Charter-party - Chartering by defendants of plaintiffs' steamship Cydonia to

proceed to one or two safe ports East Canada or Newfoundland, place or places as ordered by charterers

and there load cargo of pitprops- Miramichi nominated by charterers as loading port-Arrival at Miramichi, ship anchoring off Chatham-Notice of readiness given by master-Millbank then nominated by charterers as loading berth-Delay in berthing-Claim by shipowners for demurrage on basis that Cydonia was an arrived ship when she anchored off Chatham and notice of readiness was given-Contention by charterers that on a true construction of charter-party, and/or by custom, Cydonia was not an arrived ship until berthed at Millbank-Construction of charter-party - Express right of charterers to nominate "place" to load -Meaning of "place"-Proof of custom.

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