Coastwise Transportation Co. v. New England Coal & Coke Co.
Massachusetts Supreme Judicial Court
Contract for demurrage alleged to be due under the provisions of a charter party described in the opinion. Writ dated January 23, 1911. In the Superior Court the case was heard by Hardy, J., without a jury. The material facts are stated in the opinion. The judge found for the plaintiff in the sum of $4,819.21; and the defendant alleged exceptions.
1Opinion of the CourtBraley, J.
The plaintiff’s claim for demurrage depends upon the provisions of the charter party, the material provisions of which are as follows: "... the said party of the first part [¡Coastwise Transportation Company] agrees on the freighting and chartering of the whole of the said vessel (with the exception of the cabin and necessary room for the crew and the storage of provisions, sails and cables) or sufficient room for the cargo hereinafter mentioned, unto said party of the second part, [¡New England Coal & Coke Company] For'as many successive voyages from Newport News, and Norfolk, Va. and…
2Cases cited3 opinions
- Randall v. SpragueCourt of Appeals for the First Circuit · 1896
- Hagerman v. NortonCourt of Appeals for the Fifth Circuit · 1901
- Brown v. HuntMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Hensgen v. SilbermanCalifornia Court of Appeal · 1948