Burrill v. Crossman
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was an action by William Burrill and others against William H. Crossman and others for demurrage arising under a charter party.
1Opinion of the Court
WALLACE, Circuit Judge.
Most of the questions arising upon this appeal have been disposed of by this court upon a former occasion (16 C. C. A. 381, 69 Fed. 747), and it remains to be considered whether the defenses of payment and accord and satisfaction are sustained by the proofs. In considering these defenses, we shall treat the case as though Phipps Bros. & Co., the agents of the appellants at Rio Janeiro, had authority, co-extensive with that of the appellants themselves, to make any settlement or compromise with the consignees of the cargo, *544In respect of freight and demurrage, which might…
2Cases cited4 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Grinnell v. SpinkMassachusetts Supreme Judicial Court · 1879
- Burrill v. CrossmanCourt of Appeals for the Second Circuit · 1895
3Cited by7 opinions
- South American Metal Co. v. KjogeCourt of Appeals for the Fourth Circuit · 1926
- Leighton v. Bancamerica-Blair Corp.Supreme Court of Minnesota · 1934
- General Contracting Corp. v. United StatesCourt of Appeals for the Fourth Circuit · 1934
- Durchman v. DunnDistrict Court, S.D. New York · 1900
- Burrill v. CrossmanDistrict Court, S.D. New York · 1901
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