Gage v. Morse
Massachusetts Supreme Judicial Court
Contract brought by the owners of the schooner James House against the consignee named in a bill of lading of a cargo of coal, for five days’ detention and demurrage. It was agreed, in the superior court, that William Hunter, Jr. & Co. shipped the cargo of coal, consigned to the defendant at Boston, taking a bill of lading thereof which provided that the consignee or his assigns should pay the freight, but contained no provision respecting demurrage.
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Contract brought by the owners of the schooner James House against the consignee named in a bill of lading of a cargo of coal, for five days’ detention and demurrage. It was agreed, in the superior court, that William Hunter, Jr. & Co. shipped the cargo of coal, consigned to the defendant at Boston, taking a bill of lading thereof which provided that the consignee or his assigns should pay the freight, but contained no provision respecting demurrage. The schooner arrived in Boston on the 18th of September 1864, and the next morning the master gave notice to the defendant of his readiness to…
1Opinion of the CourtHoar, J.
The defendant is not liable unless upon some contract, express or implied, by which he has agreed to pay the plaintiff demurrage. No express contract is shown; and we are unable to perceive that any can be implied from the facts agreed.
The direct contract of the plaintiff under the bill of lading was with the shipper of the coal. Blanchard, v. Page, 8 Gray, 281, 290-295. The defendant was the consignee; and the cargo, *411by the terms of the bill of lading, was to be delivered to him or his assigns. The receipt by him of the cargo, which was to be delivered upon payment of the freight, would have…
2Cited by2 opinions
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- Conkling v. Brooklyn Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1896