Legal Opinion

Two Hundred & Sixty-Eight Logs of Cedar

District Court, D. Massachusetts

Decided December 15, 1874PublishedCited by 2 opinions

Libel for freight and demurrage under a charter-party, by which the brig John Airies ■was let to hire to J. Van Praag & Co., of Boston, for a voyage to Surinam and back to Boston. At the trial it was admitted that the balance due for freight was $922.85, and the dispute was, -whether any and what sum was due for demurrage.

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Libel for freight and demurrage under a charter-party, by which the brig John Airies ■was let to hire to J. Van Praag & Co., of Boston, for a voyage to Surinam and back to Boston. At the trial it was admitted that the balance due for freight was $922.85, and the dispute was, -whether any and what sum was due for demurrage. The master had died on the homeward voyage, and the mate testified to a considerable delay at Surinam beyond the time allowed by the charter-party, but could not explain its causes beyond what was taken up in repairing the ship, -which, being deducted, left more than a week…

1Opinion of the Court

LOWELL, District Judge.

The evidence proves that part of the homeward cargo was discharged at one wharf and part at another; and no objection appears to have been made by the owners of the brig to this mode of unloading, and I assume it to have been proper and according to the usages of the trade. The time needed for moving the brig would not be chargeable to the charterers under these circumstances. The Mary *445E. Taber [Case No. 9,209], But it is proved that the charterers neglected for two or three days after the first part of the cargo was taken out to name the place at which the remainder…

2Cited by2 opinions

  1. Carroll v. HolwayDistrict Court, D. Maine · 1908
  2. Carsanego v. WheelerDistrict Court, S.D. New York · 1883

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