Ben Franklin Transp. Co. v. Federal Sugar Refining Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Ben Franklin Transportation Company against the Federal Sugar Refining Company. Decree for libelant, and respondent appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Ben Franklin Transportation Company against the Federal Sugar Refining Company. Decree for libelant, and respondent appeals. The Ben Franklin Transportation Company, hereinafter called the Transportation Company, is a corporation organized and existing under tlie laws of the state of New York, and is engaged in the business of lightermen and transporting freight and cargoes and the like for hire. The F'ederal Sugar Refining Company, hereinafter called the Refining Company, is a…
1Opinion of the Court
ROGERS, Circuit Judge.
It may be remarked that the caption of of this case in this court is wrong, there being a reversal of the parties as at common law; and at the trial a number of the allegations in the libel as originally filed were found to be erroneous and were amended by consent. But no change was made in the allegation that the parties had entered into a contract for carrying freight at a certain agreed freight rate, which is specified, “plus demurrage per day while waiting at either or both ends of the route according to the prevailing rates on boats of that class for demurrage in…
2Cases cited8 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Van Etten v. . NewtonNew York Court of Appeals · 1892
- Randall v. SpragueCourt of Appeals for the First Circuit · 1896
- Owen v. 65,000 Bushels of CornDistrict Court, N.D. New York · 1893
- Riley v. A Cargo of Iron PipesDistrict Court, S.D. New York · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- The SaturnusCourt of Appeals for the Second Circuit · 1918
- Southern Pacific Transportation Co. v. Matson Navigation Co.District Court, N.D. California · 1974
- New York & Cuba Mail S. S. Co. v. LambornDistrict Court, S.D. New York · 1925
- Simmons Transp. Co. v. Alpha Portland Cement Co.District Court, S.D. New York · 1922
- Dick Chiarello & Bros. v. Central R. Co. of New JerseyCourt of Appeals for the Second Circuit · 1919
2 more not listed; retrieve them via the Exa API.