Terjesen v. Carter
New York Court of Common Pleas
Appeal from a judgment of a district court in the City of New York. ■ The action was brought to recover demurrage claimed under a stipulation in a bill of lading. The facts are stated in the opinion. Upon the trial in the district court the justice rendered judgment for the plaintiff. From the judgment the defendants appealed to this court.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The stipulation in the bill of lading was in these words: “ Cargo to be discharged with quick dispatch, as customary, or to pay demurrage at £5 sterling per day and the defendants, as consignees, by accepting the cargo, were bound to comply with the requirements of this condition (Morse v. Pesant, 3 Abb. Ct. App. Dec. 321).
The word dispatch, it has been held, when employed in stipulations of this nature, means that the consignee is to take the cargo as rapidly as the vessel can deliver it (Keen v. Audenried, 5 Bened. 535 ; Thatcher v. Boston Gas Light Co., 2…
2Cases cited4 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Davis v. WallaceU.S. Circuit Court for the District of Massachusetts · 1868
- Thacher v. Boston Gas Light Co.District Court, D. Massachusetts · 1874
- Morse v. PesantNew York Court of Appeals · 1865
3Cited by1 opinion
- Stone v. WoodruffNew York Supreme Court · 1883