Henley v. Brooklyn Ice Co.
District Court, S.D. New York
This was a libel by Alpheus Henley, master of the schooner Marcus Hunter, to recover $390, as demurrage for thirteen days’ detention of the vessel. The vessel brought a cargo of ice from Dresden, Maine, to New York, under a bill of lading, by which it appeared that the cargo was shipped by the Dresden Ice Company, and was to be delivered at New York to George E. Holyoke, agent of the Brooklyn Ice Company.
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This was a libel by Alpheus Henley, master of the schooner Marcus Hunter, to recover $390, as demurrage for thirteen days’ detention of the vessel. The vessel brought a cargo of ice from Dresden, Maine, to New York, under a bill of lading, by which it appeared that the cargo was shipped by the Dresden Ice Company, and was to be delivered at New York to George E. Holyoke, agent of the Brooklyn Ice Company. The libel alleged that the vessel arrived in New York on September 27th, 1874, and gave notice to the respondent on the 29th that she was ready to deliver cargo, that twodays’time would have…
1Opinion of the Court
BLATCHFORD, District Judge.
There is not, in the bill of lading in this case, any clause as to the number of days to be allowed for discharging the cargo, or as to demur-rage, or any clause requiring dispatch in discharging, or relating to discharging, except that ice and dunnage are “to be discharged by consignees with assistance of crew.” Under these circumstances, the only obligation resting on the respondents, under the bill of lading, was to take the ice in the usual and customary way, with reasonable diligence. Their liability resulted from implication of law and extended only to the…
2Cases cited1 opinion
- Cross v. . BeardNew York Court of Appeals · 1862
3Cited by4 opinions
- Bellatty v. CurtisDistrict Court, D. Massachusetts · 1890
- Addicks v. Three Hundred & Fifty-Four Tons Crude KainitDistrict Court, S.D. New York · 1885
- Finney v. Grand Trunk Ry. Co.District Court, N.D. Illinois · 1882
- Nickerson v. MontgomeryDistrict Court, S.D. New York · 1885