Eleven Hundred Tons of Coal
United States Circuit Court
Libel for Demurrage. F. P. Shepherd, the libellant, master of the barquentine John Baizley, chartered that vessel June 27, 1881, to D. W. Job & Co., of Boston, to bring a cargo of culm or coal from Sydney, Cape Breton, to Portland, Maine.
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Libel for Demurrage. F. P. Shepherd, the libellant, master of the barquentine John Baizley, chartered that vessel June 27, 1881, to D. W. Job & Co., of Boston, to bring a cargo of culm or coal from Sydney, Cape Breton, to Portland, Maine. The negotiation with tbe libellant was carried •on through Chase, Leavitt & Co., ship-brokers, of Portland, who wrote to Job & Co. June 17, 1881, that they had not been able to induce the owners of vessels to accept orders for Sydney, adding: “We do not suppose you can give lay days at Sydney for loading; if so, we can get vessel without any doubt. They fear…
1Opinion of the CourtLowell, C. J.
This case, upon which others depend, is of much importance to the parties, and has been very thoroughly argued. The main question is, what is the meaning of the stipulation for *187loading contained in the charter-party? The charterers had refused to give lay days, and had insisted upon the insertion of the clause “vessel to load in turn at Sydney, according to the custom of the port, strikes and accidents of the mines excepted.” Considering that this is part of .the agreement Concerning lay days, and that the charterers had written that vessels loading culm, or slack coal, were not to wait for…
2Cases cited1 opinion
- Nichols v. TremlettDistrict Court, D. Massachusetts · 1857
3Cited by3 opinions
- The Baker PalmerDistrict Court, D. Massachusetts · 1908
- Gilbert Transp. Co. v. BordenCourt of Appeals for the First Circuit · 1909
- Leonard v. William G. Barker Co.District Court, D. Massachusetts · 1914