Legal Opinion

Hagerman v. Norton

Court of Appeals for the Fifth Circuit

Decided January 15, 1901No. 1,006PublishedCited by 7 opinions

■ Appeal from the District Court of the United States for the Northern District of Florida. Libel by Charles W. Hagerman against Benjamin Norton to recover demurrage under a charter party. From a decree in favor of libel-ant, libelee appeals. Affirmed.

1Opinion of the Court

PARDEE, Circuit Judge.

This is a libel to recover demurrage under a charter party which contains provisions as follows:

“That the said.vessel shall with all convenient speed sail*and proceed to Pensacola, * * * there load (always afloat) from the said merchants, * * * as they may direct, a full and complete cargo, to consist of pitch-pine sawn timber. * * * Sufficient suitable timber ana/or deals ana/or boards, at merchants’ option,- to be supplied for beam fillings and stowage as required by master. * * * Loss, damage, or detention by the act of God, restraint of princes and rulers, public…

2Cases cited3 opinions

  1. Wood v. KeyserDistrict Court, N.D. Florida · 1897
  2. Pedersen v. EugsterDistrict Court, E.D. Louisiana · 1882
  3. Dernier v. H. Baars Co.Court of Appeals for the Fifth Circuit · 1899

3Cited by7 opinions

  1. Mikkelsen v. A Cargo of SugarDistrict Court, E.D. Pennsylvania · 1918
  2. Aktieselskabet Christianssand v. W. R. Grace & Co.Court of Appeals for the Second Circuit · 1924
  3. Hughes v. J. S. Hoskins Lumber Co.District Court, D. New Jersey · 1905
  4. Peck v. United StatesU.S. Circuit Court for the District of Southern New York · 1907
  5. Wright v. KingCourt of Appeals of Texas · 1927

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