Davis v. Wallace
U.S. Circuit Court for the District of Massachusetts
Admiralty appeal. Libel [by Samuel L. Dar vis against William W. Wallace] for demur-rage. The schooner Samuel Fish was chartered by the libellant to the respondents, to bring a cargo of coal from Georgetown or Baltimore, as they might elect, to Boston, at a certain freight per ton, and it was agreed that the respondents should have three working days to load at Georgetown, and quick despatch in discharging at Boston.
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Admiralty appeal. Libel [by Samuel L. Dar vis against William W. Wallace] for demur-rage. The schooner Samuel Fish was chartered by the libellant to the respondents, to bring a cargo of coal from Georgetown or Baltimore, as they might elect, to Boston, at a certain freight per ton, and it was agreed that the respondents should have three working days to load at Georgetown, and quick despatch in discharging at Boston. In case the vessel should be longer detained, they were to pay demurrage at the rate of $35 per day, provided-such detention should happen by their own or their agent's default…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Thirteen days elapsed in the efforts to secure a berth and in discharging the cargo, without reckoning the day of the arrival or the day the discharge was completed. Prior to the directions given to proceed to the wharf at'South Boston, it may reasonably be inferred that the master acquiesced in the neglect to designate a place for the discharge of the cargo; and if so, then the day of the arrival of the schooner and the Friday and Saturday following should be deducted. Perhaps Sunday was spent in getting to the wharf and in preparations for unlading. Whether the…
2Cases cited1 opinion
- Clendaniel v. TuckermanNew York Supreme Court · 1853
3Cited by22 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Bruusgaard v. AcostaCourt of Appeals for the Second Circuit · 1923
- Carbon Slate Co. v. EnnisCourt of Appeals for the Third Circuit · 1902
- Evans v. BlairCourt of Appeals for the First Circuit · 1902
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