Jones v. Freeman
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit, brought on the 9th of May, 1865, in the Court of Common Pleas of Baltimore City, under the Act of 1864, ch. 6, by the appellee to recover from the appellants $360, for nine days’ demurrage.
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Appeal from the Court of Common Pleas. This was an action of assumpsit, brought on the 9th of May, 1865, in the Court of Common Pleas of Baltimore City, under the Act of 1864, ch. 6, by the appellee to recover from the appellants $360, for nine days’ demurrage. The declaration contained the usual money counts; and, in accordance with the provisions of the eighth section of the Act, had attached thereto the affidavit of the plaintiff, of the amount and correctness of his claim, and “ the writing or account by which the defendants .were indebted,” being a bill of lading. The writ was made…
1Opinion of the CourtRobinson, J.
Demurrage was claimed by the appellee, upon the following bill of lading:
Shipped in good order and condition by Charles - Kimball & Co., on board the good schooner, called the R. L. Tay, whereof --is master for this present voyage, now lying in the Port of Boston, and bound for Baltimore, Md., to say, forty-three hundred bushels potatoes (in bulk) on board, to be delivered. Seven working days allowed for the discharge of the potatoes, after that, consignee to pay demurrage at the rate of forty dollars per day, for every day detained, being marked and numbered as in the margin, and are to be…
2Cases cited1 opinion
- Wilson v. WilsonCourt of Appeals of Maryland · 1849
3Cited by3 opinions
- McAllister v. EichengreenCourt of Appeals of Maryland · 1871
- Acklen v. FinkCourt of Appeals of Maryland · 1902
- Maclay v. United StatesUnited States Court of Claims · 1908