Donaldson v. McDowell
U.S. Circuit Court for the District of Massachusetts
Admiralty appeal from a decree of the district court [of the United States for the district of Massachusetts], The claimants [Walter Donaldson and others] shipped at Elizabethport, N. ,T., on the brig Hyperion, a cargo of coal, owned by them, and to be delivered to them as consignees at Phillips’ wharf in Salem, Mass. The bill of .lading contained no demurrage clause.
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Admiralty appeal from a decree of the district court [of the United States for the district of Massachusetts], The claimants [Walter Donaldson and others] shipped at Elizabethport, N. ,T., on the brig Hyperion, a cargo of coal, owned by them, and to be delivered to them as consignees at Phillips’ wharf in Salem, Mass. The bill of .lading contained no demurrage clause. The brig arrived at Salem July 26, and on the same • day the master notified the consignees’ agent, at Phillips’ wharf, of his arrival and readiness to discharge, and demanded a berth. Another notice was given to the consignees…
1Opinion of the Court
SHEPLEY, Circuit Judge.
This appeal •from the decree of the district court in admiralty presents the question, whether the •ship has a privilege against the cargo for damage, in the nature of demurrage, when the cargo has not been received within a reasonable time, through the fault of the -consignee. The consignees in this case, although not nominally in the bill of lading, yet, in fact, were the shippers of the cargo. Appellants contend that as the bill of lading contains no express contract concerning de-murrage, the law will not imply one against the consignee.
When the bill of lading…
2Cited by2 opinions
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