Legal Opinion

The Edward T. Stotesbury

Court of Appeals for the Second Circuit

Decided April 10, 1911No. 232PublishedCited by 8 opinions

Appeal from the District Court of the United States for the Eastern District of New York. Suit in admiralty by Frederick R. Eaton against a cargo of'lumber laden on board the schooner Edward T. Stotesbur3; McGowan Lumber & Export Company, claimant. Decree (180 Fed. 513) for claimant, and libelant appeals.

1Opinion of the Court

WARD, Circuit Judge.

In this case the owners of the schooner Edward T. Stotesbury filed a libel against the cargo of lumber latély laden aboard of her to recover demurrage for 5% days. The charter provided for a voyage with a cargo of lumber from Mobile to the port of New York The material provisions are as follows:

‘‘It is agreed that the lay days shall be as follows: * * * For discharging not less than 60,000 feet per running day, Sundays and legal holidays excepted, commencing from the time the captain reports his vessel ready to discharge cargo in New York Harbor, time consumed in shifting…

2Cases cited4 opinions

  1. Carbon Slate Co. v. EnnisCourt of Appeals for the Third Circuit · 1902
  2. Smith v. LeeCourt of Appeals for the First Circuit · 1895
  3. Roney v. Chase, Talbot & Co.Court of Appeals for the Second Circuit · 1908
  4. Swan v. Wiley, Harker & Camp Co.Court of Appeals for the Second Circuit · 1908

3Cited by8 opinions

  1. Yone Suzuki v. Central Argentine Ry., Ltd.Court of Appeals for the Second Circuit · 1928
  2. Continental Grain Co. v. Armour Fertilizer WorksDistrict Court, S.D. New York · 1938
  3. F. S. Royster Guano Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1924
  4. ST. IOANNIS SHIPPING CORPORATION v. Zidell Explorations, Inc.District Court, D. Oregon · 1963
  5. Yone Suzuki & Co. v. Central Argentine Ry. Ltd.District Court, S.D. New York · 1927

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