Davis v. Cargo of Chalk
Court of Appeals for the Second Circuit
■ Appeal from the Circuit Court of the United States-for the Southern District of New York. . In Admiralty. Libel by Ebenezer II. Davis against a cargo of chalk,, lately on hoard' of the ship Glenfinlas, and Howard Fleming, consignee^ for demurrage. ■ Decree for libelant. Respondents appeal. statement by the court.
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■ Appeal from the Circuit Court of the United States-for the Southern District of New York. . In Admiralty. Libel by Ebenezer II. Davis against a cargo of chalk,, lately on hoard' of the ship Glenfinlas, and Howard Fleming, consignee^ for demurrage. ■ Decree for libelant. Respondents appeal. statement by the court. " ’The ship Glenfinlas arrived at the port of New York on July.5, 1889', with'a cargo of 8,000 tons of chalk consigned to Howard Fleming.- . She is -a large- -vessel, 2,148 tons register, 280 feet long, and witli four hatches. The cargo was brought under a charter which provided…
1Opinion of the Court
La,combe, Circuit Judge.
We are of the opinion that the learned district judge was entirely correct in holding that the charter provided for the rate of delivery, at such places and during such days and'times as the ship -might be -properly worked, under the usage of the port;, and that the evidence introduced by the claimants — that according .to the usual practice of the port, as respects the delivery of ordinary cargoes of chalk, a hundred and fifty tons per day is-as much as is expected to be received or delivered — does not control the plain intent of the charter to’provide for a rapid…
2Cited by3 opinions
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- Hansen v. Nine Hundred & Ninety-Eight Tons of CoalDistrict Court, D. Puerto Rico · 1913
- McCaldin v. Cargo of Scrap IronDistrict Court, S.D. New York · 1901