Huntley v. Dows
New York Supreme Court
THIS action was brought against the defendants, who were consignees of a cargo of wheat, laden at Oswego, on board of the canal boat of the plaintiff, and to be delivered to the defendants at the port or city of Hew York, to recover damages for the detention of the boat after its arrival at Hew York.
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THIS action was brought against the defendants, who were consignees of a cargo of wheat, laden at Oswego, on board of the canal boat of the plaintiff, and to be delivered to the defendants at the port or city of Hew York, to recover damages for the detention of the boat after its arrival at Hew York. The complaint charged that the defendants agreed to pay for-any improper detention ; and also that the defendants improperly neglected and refused to receive the wheat and unload the boat. The cause was tried before a referee, who reported in favor of the plaintiff, for three and three-fourths…
1Opinion of the Court
By the Court, Foster, J.
There was no contract proved to pay demurrage. And there was no proof of any custom át the port of' Hew York to allow demurrage. And it *311appeared that the defendants were not the owners of the grain, it having been consigned to them by an agent of the owner, who had drawn his individual draft upon the dedefendants for $6000, to reimburse himself for advances which he had before made upon the cargo, and that draft on the defendants was drawn against the cargo.
The defendants, therefore, are only liable for an improper detention at Hew York, arising from their own…
2Cited by3 opinions
- Miller & Co. v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1891
- Middle Atlantic Conference v. United StatesDistrict Court, District of Columbia · 1972
- Darlington v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902