Legal Opinion

Egan v. Barclay Fibre Co.

District Court, S.D. New York

Decided May 7, 1894PublishedCited by 2 opinions

These were two libels—one by John Egan, and the other by John A. Smith—against the Barclay Fibre Company, for demurrage for detention of libelant’s canal boats on delivery of cargo.

1Opinion of the Court

BROWN, District Judge.

The bills of lading required delivery of the cargo “as soon as possible.” This is equivalent to a provision for quick dispatch in unloading, and required the consignee to make use of all the means of discharge that were readily available; it did not admit of a detention of the vessels for such a disposition of the cargo as merely suited the convenience, or the business purposes, of the consignor and consignee.

Each libelant had two canal boats loaded with wood. Egan’s two boa ts arrived at Saugerties on the 29th of June. The defendant had a slip there in Esopus creek, and…

2Cited by2 opinions

  1. Milburn v. Federal Sugar Refining Co. of YonkersCourt of Appeals for the Second Circuit · 1908
  2. Taylor v. Fall River IronworksDistrict Court, S.D. New York · 1903

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