Corrigan v. Iroquois Furnace Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court .of the United States for the Northern District of Illinois, in Admiralty. This is a libel in personam filed by the appellants, John Corrigan, Robert McDowell, and X. G. Scott, the owners of the steamer .Aurora and the schooners George W. Adams and J. I. Case, in a cause of demurrage, or for damages iü the nature of demurrage, for the detention of those vessels, arising from the alleged default of the Iroquois Furnace Company, the respondent…
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Appeal from the District Court .of the United States for the Northern District of Illinois, in Admiralty. This is a libel in personam filed by the appellants, John Corrigan, Robert McDowell, and X. G. Scott, the owners of the steamer .Aurora and the schooners George W. Adams and J. I. Case, in a cause of demurrage, or for damages iü the nature of demurrage, for the detention of those vessels, arising from the alleged default of the Iroquois Furnace Company, the respondent below. The libel propounds that on the 9th day of March, 1893, John Corrigan, one of the libelants, as managing owner and…
1Opinion of the CourtJexkxnts, Circuit Judge
(after stating the facts as above). In the ease of a charter parly there is-undoubtedly an implied term of the contract, in the absence of any specific provision therein, that a vessel shall have reasonable dispatch in loading and unloading. That reasonable time is determined by the circumstances surround-, ing each case (Empire Transp. Co. v. Philadelphia & Reading Coal & Iron Co., 40 U. S. App. 157, 77 Fed. 919, 23 C. C. A. 564, 35 L. R. A. 623); and it may be said a vessel should ordinarily have prompt dispatch, for such is essential to her profitable employment. But in the case at bar we…
2Cases cited1 opinion
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
3Cited by4 opinions
- Donnell v. Amoskeag Mfg. Co.Court of Appeals for the First Circuit · 1902
- Peck v. United StatesU.S. Circuit Court for the District of Southern New York · 1907
- In re 2,098 Tons of CoalCourt of Appeals for the Seventh Circuit · 1905
- Ionia Transportation Co. v. 2,098 Tons of CoalDistrict Court, E.D. Wisconsin · 1904