Van Etten v. Newton

There is no question of law in this case which would justify us in sending the appeal to the court of appeals. The effect of the stipulation in the order for the coal which the defendants gave to plaintiffs was to relieve them from liability for demurrage, unless the detention of the boat was due to other than unjust or improper delay on defendants’ part in loading, where it does not appear that the recipient of the order was ignorant of the conditions indorsed upon it. Rackett v. Stickney, 23 Blatchf. 566, 27 Fed. Rep. 878. But there is a question of fact in the case upon which appellant…