Legal Opinion
Davis v. Smokeless Fuel Co.
Court of Appeals for the Second Circuit
Decided April 8, 1912No. 192PublishedCited by 21 opinions
Appeal from' the District Court of the United States for the Southern District of New York. Suit in admiralty by Cornelius A. Davis and others against the Smokeless Fuel Company. Decree for libelants, from which they appeal.
1Opinion of the Court
' WARD, Circuit Judge.
The respondent chartered the schooner “Governor Ames” to carry a cargo of coal which it had sold to the Garfield & Proctor Coal Company, from Newport News, Va., to Boston, Mass., and there deliver the same to that company. The charter party contained the following provision:
“Discharging per National Association bill of lading, and that for each and every day’s detention by default of the party of the second part, or agent, demurrage per N. A. B. — lading dollars per day, day by day, shall be paid by said party of the second part (the charterer), or agent, to said party…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
- Nesbit v. The AmboyDistrict Court, S.D. New York · 1888
- Wehrenberg v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by21 opinions
- Jose Guerrido, Libellant v. Alcoa Steamship Co., Inc.Court of Appeals for the First Circuit · 1956
- The SaturnusCourt of Appeals for the Second Circuit · 1918
- The SydfoldCourt of Appeals for the Second Circuit · 1936
- Westfall Larson & Co. v. All-Man-Hubble Tug Boat Co.Court of Appeals for the Ninth Circuit · 1934
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1924
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