Rigney v. White
New York Court of Common Pleas
Appeal by plaintiff from a judgment of the First District Court. The action was brought to recover the freight and demur-rage bn a cargo of coal, shipped by the defendants, the freight being stated in the bill of lading to be “ forty cents per ton, and $4 per day after six lay days.”
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Appeal by plaintiff from a judgment of the First District Court. The action was brought to recover the freight and demur-rage bn a cargo of coal, shipped by the defendants, the freight being stated in the bill of lading to be “ forty cents per ton, and $4 per day after six lay days.” On the trial it was admitted that the cargo had been duly delivered, and that part of the freight and demurrage were still due, and that from the commencement of the demurrage days to the receipt of the cargo there were six Sundays. For these Sundays plaintiff claimed demurrage should be paid. This claim…
1Opinion of the Court
By the Court.*—Larremore, J.
—By the bill of lading, the freight of the coal was fixed at forty-five cents per ton, and $4 per day after six lay' days. The only question raised by this appeal is, whether the plaintiff was entitled to demurrage for the six intervening Sundays included in the demurrage days.
The nature of the contract must be considered in interpreting its provisions, as well as the statute with reference to which it is presumed to have been made. The laws of this State prohibit any servile laboring or working on the first day of the week, unless in certain excepted cases (2 R.…
2Cited by2 opinions
- Cereal Products Co. v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1921
- Kinney v. EmeryNew Jersey Court of Chancery · 1883