Scholl v. Albany & Rensselaer Iron & Steel Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made March 15, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover damages in the nature of demurrage.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Hew York, entered upon an order made March 15, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover damages in the nature of demurrage. Plaintiff was the owner of a canal boat, the “ Irwin Scholl,” upon which was shipped a cargo of coal, to be transported to Hudson, H. Y., of which cargo defendant was the' owner and consignee. By the bill of lading, plaintiff was to carry the coal and…
1Opinion of the CourtAndrews, J.
It seems to be the prevailing doctrine that a consignee, who at the same time is the owner of the cargo, is liable to the owner or master of the vessel for damages in the nature of demurrage, for an unreasonable delay in discharging the vessel after arrival, although the bill of lading contains no stipulation as to demurrage, and prescribes no time within which the cargo shall be discharged. (Henley v. Brooklyn Ice Co., 14 Blatchf. 522; Cross v. Beard, 26 N. Y. 85; Fulton v. Blake, 5 Biss. 371.) The coal which formed the cargo of the “ Seholl ” had been purchased by the defendant of the…
2Cases cited3 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Fulton v. BlakeDistrict Court, N.D. Illinois · 1873
- Henley v. Brooklyn Ice Co.U.S. Circuit Court for the District of Southern New York · 1878
3Cited by7 opinions
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Baldwin v. Sullivan Timber Co.New York Supreme Court · 1892
- Washburn v. Empire Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Clyde v. WoodAppellate Division of the Supreme Court of the State of New York · 1919
- Gabler v. McChesneyAppellate Division of the Supreme Court of the State of New York · 1901
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