Legal Opinion

Peck v. United States

U.S. Circuit Court for the District of Southern New York

Decided April 1, 1907PublishedCited by 4 opinions

Action for Demurrage. This is an action or proceeding on petition filed by Arza 0. Peek .and John A. Peck, doing business under the firm name of De Groot & Peck, to obtain judgment against the United States for the sum of $1,600 for damages, commonly denominated “demurrage,” which petitioner claims the defendant, became liable to pay by reason of its unreasonable and unwarranted delay in loading, or procuring to be loaded, the petitioner’s American sailing ship Luzon with a…

Read the full summary

Action for Demurrage. This is an action or proceeding on petition filed by Arza 0. Peek .and John A. Peck, doing business under the firm name of De Groot & Peck, to obtain judgment against the United States for the sum of $1,600 for damages, commonly denominated “demurrage,” which petitioner claims the defendant, became liable to pay by reason of its unreasonable and unwarranted delay in loading, or procuring to be loaded, the petitioner’s American sailing ship Luzon with a cargo of coal at Philadelphia, Pa., as it was its duty and obligation to do under the provisions of a certain charter…

1Opinion of the Court

RAY, District Judge.

About December 14, 1904, the petitioners made a proposal in writing to the United States to transport for it 1,900 to 2,000 tons of bituminous coal from Philadelphia, Pa., to Sangley Point, Philippine Islands, which, after some correspondence by letter and telegrams, the material part's of which will be stated, was accepted, as modified, January 3, 1905.

The proposal was, further:

“Shipment of the entire quantity made in one shipment. Shipments to commence January or February loading. Each ship to he consigned to the contract: or for supplying the coal at point of loading,…

2Cases cited7 opinions

  1. Crossman v. BurrillSupreme Court of the United States · 1900
  2. Crossman v. BurrillSupreme Court of the United States · 1900
  3. Donnell v. Amoskeag Mfg. Co.Court of Appeals for the First Circuit · 1902
  4. Benson v. AtwoodCourt of Appeals of Maryland · 1859
  5. Hagerman v. NortonCourt of Appeals for the Fifth Circuit · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Bailey v. Manufacturers' Lumber Co.District Court, S.D. New York · 1915
  2. Fido v. BrazileiroDistrict Court, S.D. New York · 1919
  3. Hinckley v. Wilson Lumber Co.District Court, D. Maine · 1913
  4. Pulp v. Republic Chemical Corp.District Court, S.D. New York · 1958

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API