Brooks v. Hilton-Dodge Lumber 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 Joseph W. Brooks and others, owners of the schooner Grace Seymour, against the Hilton-Dodge Lumber Company and the Yellow Pine Company, impleaded. From the decree, the Yellow Pine Company appeals.
1Opinion of the Court
WARD, Circuit Judge.
This is a libel by the owners of the schooner Grace Seymour against the Hilton-Dodge Lumber Company, the charterer, to recover demurrage for 10% days at $49 a day. The charterer, which had sold the cargo to the Yellow Pine Company f. o. b. its wharf, brought it in under the fifty-ninth rule in admiralty (29 Sup. Ct. xlvi).
The charter party provided that the cargo should be discharged as per rules of the Maritime Exchange, rule V of which fixes the lay days for discharging-such a cargo as this at the rate of 35,000 feet per day; Sundays and legal holidays excepted. The…
2Cases cited4 opinions
- The T. A. GoddardDistrict Court, S.D. New York · 1882
- Leary v. TalbotCourt of Appeals for the Second Circuit · 1908
- Irzo v. PerkinsDistrict Court, S.D. New York · 1881
- Harrington v. American Tie & Lumber Co.Court of Appeals for the Second Circuit · 1911
3Cited by4 opinions
- Aktieselskabet Dampskibselskabet Af 1912 v. 20,029 Bags of SugarCourt of Appeals for the Second Circuit · 1920
- French Republic v. FaheyDistrict Court, D. Maryland · 1922
- United States v. Sugarland IndustriesDistrict Court, S.D. Texas · 1922
- Roberts v. North Negros Sugar Co.District Court, D. Maryland · 1937