Lindsay v. Cusimano
District Court, E.D. Louisiana
The steam-ship Glenbervie, having brought a cargo of fruit from Italy to New Orleans, under a charter-party providing that she should be discharged with customary dispatch, her owners instituted this suit against the consignee to recover demurrage for unusual and unnecessary detention in discharging, and for sundry items of charges made against her by the consignee in settling for the charter-money.
1Opinion of the Court
Billings, D. J.
The principal discussion in this case has been as to the meaning of the phrase in the charter-party, “to discharge with customary dispatch,” and, subordinately, whether the consignees are to pay demurrage for any portion of the 16 days elapsing between the time of the arrival of the ship at the port of New Orleans and the time when the discharging of her cargo was completed. The testimony shows that it is the custom of the fruit dealers at that port to receive their fruit from the vessels no faster than they can sell it at the wharves. The fruit could have been received more…
2Cases cited2 opinions
- Nichols v. TremlettDistrict Court, D. Massachusetts · 1857
- Sleeper v. PuigU.S. Circuit Court for the District of Southern New York · 1879
3Cited by2 opinions
- Gilbert Transp. Co. v. BordenCourt of Appeals for the First Circuit · 1909
- Leonard v. William G. Barker Co.District Court, D. Massachusetts · 1914