Bull v. United States Shipping Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Action by Archibald II. Bull and others, as owners of the steamship Eva, against the United States Shipping Company, the Berwind-White Coal Mining Company, and others, for demur-rage. Decree for respondents, and libelants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Action by Archibald II. Bull and others, as owners of the steamship Eva, against the United States Shipping Company, the Berwind-White Coal Mining Company, and others, for demur-rage. Decree for respondents, and libelants appeal. A decree of the District Court for the Southern District of New York dismissed the libel in an action of demurrage for the detention of the steamship Eva at Philadelphia beyond the time limit stipulated in the charter-party. The action was originally brought…
1Opinion of the Court
COXE, Circuit Judge.
Both charters contain the following:
“It is agreed that the lay days for loading and discharging shall be as follows, if not: sooner dispatched commencing from the time that the captain reports his steamer ready to receive or discharge cargo, and custom house formalities are fulfilled: Customary steamer dispatch loading, steamer to take turn with other steamers loading coal, and the cargo to be taken from alongside by consignees at the port oí discharge, free of expense and risk to the steamer, at the average rate of not less than three hundred (300) tons per running day…
2Cited by1 opinion
- United States v. Bowring & Co.District Court, S.D. New York · 1926