The Mary E. Taber
District Court, E.D. New York
This action was brought by John Arnold, the owner of the schooner Mary E. Taber, to enforce an alleged lien upon a cargo of wood transported in that vessel from Holmes’ Landing to the port of New York under a charter made with Bonnel, the claimant of the cargo.
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This action was brought by John Arnold, the owner of the schooner Mary E. Taber, to enforce an alleged lien upon a cargo of wood transported in that vessel from Holmes’ Landing to the port of New York under a charter made with Bonnel, the claimant of the cargo. The charter-party provided, among other things, for certain lay days in loading and discharging, and for demurrage at a certain rate, to be paid for every day’s additional delay, “provided such detention shall happen by default of the party of the second part” —the charterer. The claim was for $1,121.50, freight and demurrage, and…
1Opinion of the Court
BENEDICT, District Judge.
Under the proofs in this case the objection to the four days’ demurrage while loading, was properly abandoned. To that the libellant is clearly entitled. He is also, in my opinion, entitled to demurrage on the discharging, but not to the full amount claimed. By the custom of the trade, as conceded here, the vessel was bound to deliver the cargo at different places in the port, if requested. The deck load was accordingly delivered at the foot of Canal street, and the remainder at Clinton Avenue dock. No objection was made to going to Clinton avenue, but, on the…
2Cited by4 opinions
- Moody v. Five Hundred Thousand LathsDistrict Court, E.D. New York · 1880
- Addicks v. Three Hundred & Fifty-Four Tons Crude KainitDistrict Court, S.D. New York · 1885
- Houge v. WoodruffDistrict Court, S.D. New York · 1884
- McLeod v. 1,600 Tons of Nitrate of SodaDistrict Court, N.D. California · 1893