Philadelphia & R. R. v. Northam
District Court, S.D. New York
This was a libel [by the Philadelphia & Reading Railroad Company against William L. Northam] to recover freight and demurrage on two cargoes of coal, shipped from Philadelphia to New York, on board of canal boats belonging to the libellants, one by boat No. 58, and the other by boat No. 75, under bills of lading signed therefor by the masters of the boats.
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This was a libel [by the Philadelphia & Reading Railroad Company against William L. Northam] to recover freight and demurrage on two cargoes of coal, shipped from Philadelphia to New York, on board of canal boats belonging to the libellants, one by boat No. 58, and the other by boat No. 75, under bills of lading signed therefor by the masters of the boats. In the ease of No. 5S, the boat was described in the bill of lading as “bound for Catharine street, East river, New York;” the quantity of coal was 204 tons; and the bill of lading engaged to deliver the coal to the respondent, he paying…
1Opinion of the Court
BLATCHFORD, District Judge.
In regard to No. 58, she was bound by the contract to go to Catharine street. She went there and was then ordered by the respondent to go to Dover street, and she then went there. Undoubtedly, the respondent ordered her to the place where he thought she could be most quickly discharged. But, by the contract, the whole duty of the libellants was discharged in taking the cargo to Catharine street, and notifying the respondent of its arrival, and awaiting his orders. This was done. The plain interpretation of the provision of the contract, “demurrage $10 per day, after…
2Cited by6 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Fish v. One Hundred & Fifty Tons of Brown StoneDistrict Court, S.D. New York · 1884
- New York & Cuba Mail S. S. Co. v. LambornDistrict Court, S.D. New York · 1925
- Melloy v. Lehigh & W. Coal Co.District Court, S.D. New York · 1888
- McLeod v. 1,600 Tons of Nitrate of SodaDistrict Court, N.D. California · 1893
1 more not listed; retrieve them via the Exa API.