The Hyperion's Cargo
District Court, D. Massachusetts
[This was a libel in admiralty by James E. McDowell and others against Walter Donaldson and others for freight and demurrage.]
1Opinion of the Court
LOWELL, District Judge.
The libellants’ right to freight is not contested; but it is said that there can be no recovery for de-murrage, because no express contract was made concerning it, and the law' will not imply one against a consignee. Gage v. Morse, 12 Allen, 410, is cited as conclusive on this point. That case decided that a consignee, merely as such, does not, by accepting the goods, make an engagement with the master that he will receive them at any particular time, unless there is something on the face of the bill of lading fixing the time. Judge Betts came to the opposite conclusion…
2Cited by9 opinions
- The SaturnusCourt of Appeals for the Second Circuit · 1918
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Bellatty v. CurtisDistrict Court, D. Massachusetts · 1890
- Elvers v. GraceCourt of Appeals for the Ninth Circuit · 1917
- Blowers v. One Wire Rope CableDistrict Court, S.D. New York · 1884
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