Roney v. Chase, Talbot & Co.

WARD, Circuit

The libel in this case was filed for $98.84, and as amended, for demurrage of $282. The district judge allowed the freight only.

There was no charter, and the bill of lading contained no provision as to lay days or demurrage. But the second article of the libel charged as a part of the contract:

"That the lay days should be at the rate of 20,000 feet per day (Sundays and holidays excepted) afier 48 hours for orders, after which demurrage at the rate of 10 cents per registered ton per day for vessels under 250 tons register.”

The answer admitted these allegations. At the trial the…