Legal Opinion

Leary v. Talbot

Court of Appeals for the Second Circuit

Decided April 14, 1908No. 191PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WARD, Circuit Judge.

This libel is filed by the owners of the schooner Persis A. Colwell to recover 31 days’ demurrage at the port *915of discharge. The charter party provided as to lay days and demur-rage :

“Customary dispatch at port of discharge where vessel can safely get and discharge. And that for each and every day’s detention by default of said party of the second part (the charterers) or agent (Si4.00) forty-four dollars per day, shall be paid by said party of the second part, or agent, to the said party of the first part, or agent. The cargo or cargoes to be received, and delivered…

2Cited by8 opinions

  1. Bailey v. Manufacturers' Lumber Co.District Court, S.D. New York · 1915
  2. New York & Cuba Mail S. S. Co. v. LambornDistrict Court, S.D. New York · 1925
  3. Ocean Transport Line, Inc. v. American Philippine Fiber Industries, Inc.Court of Appeals for the Second Circuit · 1984
  4. Brooks v. Hilton-Dodge Lumber Co.Court of Appeals for the Second Circuit · 1916
  5. Elder Dempster S. S. Co. v. Earn Line S. S. Co.Court of Appeals for the Second Circuit · 1909

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