Van Etten v. . Newton
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New- York, entered upon an order made May 5, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the District Court of the city of New York on a trial by the court without a jury. This action was brought to recover damages in the nature of demurrage for the unreasonable detention of plaintiff’s boat.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New- York, entered upon an order made May 5, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the District Court of the city of New York on a trial by the court without a jury. This action was brought to recover damages in the nature of demurrage for the unreasonable detention of plaintiff’s boat. A member of the firm of Merritt Clark’s Sons, of Derby, Ct., called on the defendants on the 7th day of May, 1888, and purchased a cargo of coal, at the same time…
1Opinion of the CourtParker, J.
The evidence is ample to support the jud gment rendered provided the defendants are legally chargeable with any damages whatever by way of demurrage. That question alone requires consideration on this review.
When a bill of lading contains a stipulation for demurrage the acceptance of the goods is evidence of an aggreement on the part of the consignee to pay both freight and demurrage. (Jesson v. Solly, 4 Taunt. 52; Wegener v. Smith, 15 C. B. 285.)
But in the absence of such a stipulation it is generally held that the consignee is not bound to respond in damages in the nature of demurrage,…
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