Baldwin v. Sullivan Timber Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 21, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 21, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought by plaintiff, as assignee of the ¡Nejitune Steam ¡Navigation Company, to recover damages for an alleged breach of a charter party made between it as owners of the steamship “ Albans ” and defendant. On the 6th of April, 1888, the agents of the owners and the defendant entered into a charter party…
1Opinion of the CourtFinch, J.
We should affirm this judgment upon the opinion of the General Term, but for a criticism upon it which seems to require an answer. The whole present contention of the appellant turns upon the distinction asserted, that delivery by the shipper did not include the loading and stowing upon the vessel. Since there was no delay in bringing the timber alongside, but only in loading and stowing it, it is argued that there was no basis for the demurrage which the charter party contemplated ; that if demurrage became d.ue it flowed from a neglect of duty which was outside of the contract, creating a…
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- Dernier v. H. Baars Co.Court of Appeals for the Fifth Circuit · 1899
- Southerland-Innes Co. v. ThynasCourt of Appeals for the Fifth Circuit · 1904
- Lehigh Valley Coal Co. v. Ionia Transp. Co.Court of Appeals for the Eighth Circuit · 1909
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