Pioneer Fuel Co. v. McBrier
Court of Appeals for the Eighth Circuit
Appeal from tfie District Court of the United States for the District of Minnesota. This is an appeal from a decree of the district court of Minnesota awarding to the libelants 8500 demurrage damages.
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Appeal from tfie District Court of the United States for the District of Minnesota. This is an appeal from a decree of the district court of Minnesota awarding to the libelants 8500 demurrage damages. The decree was entered in that court on October 13, 1890, and the facts found are as follows: On .July 13. 1895, the steamship Nyan/.a, owned by libelants was chartered by John King and ,T. G. McCullough to convey a cargo of 2,012 tons of hard coal from Buffalo, N. Y., to Duluth, l\iinn.. and there deliver the same to the Pioneer Fuel Company, (he claimant. King and McCullough were the agents of…
1Opinion of the CourtBrewer, Circuit Justice
Courts in admiralty, like courts of equity, hasten to consider the substance of right, and do not tarry long on mere matters of form. Hence we shall not stop to discuss certain questions of practice suggested by counsel for appellant, merely remarking in passing that we see nothing in any ruling in respect thereto which wrought injury to the substantial rights of the appellant. Obviously, if only the findings of fact are before us for consideration there can be little doubt of the justice of the decree. There is a distinct finding of an unreasonable detention, of the time of such detention,…
2Cases cited18 opinions
- The ConquerorSupreme Court of the United States · 1897
- The City of New YorkSupreme Court of the United States · 1893
- Lau Ow Bew v. United StatesSupreme Court of the United States · 1892
- McLish v. RoffSupreme Court of the United States · 1891
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
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3Cited by5 opinions
- Munson S. S. Line v. Miramar S. S. Co.Court of Appeals for the Second Circuit · 1909
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- The Edward SmithCourt of Appeals for the Sixth Circuit · 1905
- Lehigh Valley Coal Co. v. Ionia Transp. Co.Court of Appeals for the Eighth Circuit · 1909
- Eastern S. S. Co. v. 170,040 50/60 Bushels of WheatDistrict Court, W.D. New York · 1924