Legal Opinion

McCaldin v. Cargo of Scrap Iron

District Court, S.D. New York

Decided October 26, 1901Published

In Admiralty. Action against charterer to recover for demurrage and extra eixpense in loading and discharging.

1Opinion of the Court

ADAMS, District Judge.

This is an action brought to recover demurrage and extra expense of the steamer Dassell, incurred by her in receiving and discharging cargo, under a charter party made between the libelants, as owners, and the Óolumbia Smelting & Refining Works, dated, “New York, February 19, 1901:” The charter provided that a cargo should be furnished to the steamer of at least 1,200 tons of iron shot, consisting of pieces averaging in weight -about 100 pounds, to be loaded at a dock at Ft. Morgan, Mobile, Ala., and discharged at a wharf in New York, as ordered by the charterer, or so…

2Cases cited6 opinions

  1. Gracie v. PalmerSupreme Court of the United States · 1823
  2. Balcarres Brook S. S. Co. v. GraceCourt of Appeals for the Second Circuit · 1896
  3. Burdge v. Two Hundred & Twenty Tons of Fish ScrapDistrict Court, D. Maryland · 1880
  4. Davis v. Cargo of ChalkCourt of Appeals for the Second Circuit · 1891
  5. Belmont v. TysonU.S. Circuit Court for the District of Southern New York · 1856

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