Wordin v. Bemis
Supreme Court of Connecticut
Assumpsit, for freight, and for damages in the nature of demurrage. The declaration contained one general count, one special count in which a promise to pay the damages as a debt was stated, and a special count for unliquidated damages. The case was tried to the court on the general issue with notice, and the following facts found.
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Assumpsit, for freight, and for damages in the nature of demurrage. The declaration contained one general count, one special count in which a promise to pay the damages as a debt was stated, and a special count for unliquidated damages. The case was tried to the court on the general issue with notice, and the following facts found. The plaintiff was the master o’f the schooner Niagara, at the time in question, and had been for a long time previous, the vessel being owned by one Thompson. The plaintiff had made a contract with Thompson by which the latter was to have two-fifths of the earnings…
1Opinion of the CourtButler, J.
The objection to the sufficiency of the declaration must be overruled.
Demurrage, in the strict sense of the term, means a sum of money due by express contract for the detention of a vessel in loading or unloading, one or more days beyond the time allowed for that purpose in the charter party. As it is a certain sum, due by force of an express contract, general assumpsit will lie for it.
Damages in the nature of demurrage, are recoverable for detention beyond a reasonable time, iii unloading only, and where there is no express stipulation to pay demurrage. They are in the nature of demurrage…
2Cited by9 opinions
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- Ben Franklin Transp. Co. v. Federal Sugar Refining Co.Court of Appeals for the Second Circuit · 1917
- Forsyth v. StetsonDistrict Court, D. Massachusetts · 1898
- Lake v. HurdSupreme Court of Connecticut · 1871
- The Mary Riley v. Three Thousand Railroad TiesDistrict Court, E.D. Pennsylvania · 1889
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