Keen v. Audenried
District Court, S.D. New York
This was a libel by [Lucien B. Keen] the master of the schooner William Jones, to recover demurrage. The schooner was chartered to the respondents [William G. Auden-ried and others], to carry a cargo of coal from Baltimore to Pawtucket, R. I. The charterers were to pay $3 a ton, “with towage from. Providence to Pawtucket.” The lay days were to commence from the time when the vessel was ready to receive or discharge cargo, and the vessel was to have “dispatch in discharging.”
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This was a libel by [Lucien B. Keen] the master of the schooner William Jones, to recover demurrage. The schooner was chartered to the respondents [William G. Auden-ried and others], to carry a cargo of coal from Baltimore to Pawtucket, R. I. The charterers were to pay $3 a ton, “with towage from. Providence to Pawtucket.” The lay days were to commence from the time when the vessel was ready to receive or discharge cargo, and the vessel was to have “dispatch in discharging.” The libellant claimed that the vessel arrived at Providence on the 4th of October, 1871, and that the respondents did…
1Opinion of the Court
BLATOHFORD, District Judge.
By the charter party, the respondents were to pay towage from Providence to Pawtucket and back. They were not to provide the towing boat. By the charter party, the vessel was to carry a cargo of coal from Baltimore to Pawtucket generally. The time of reporting must be held to be the time when the vessel herself reached Pawtucket, off the wharf of the consignees of the coal, and reported to them that she was there ready to discharge. This was the 6th of October; whether morning or evening, does not appear. The consignees were entitled to one day’s notice, before…
2Cited by8 opinions
- Carbon Slate Co. v. EnnisCourt of Appeals for the Third Circuit · 1902
- Williams v. TheobaldDistrict Court, D. California · 1883
- Lindsay, Gracie & Co. v. CusimanoU.S. Circuit Court for the District of Eastern Louisiana · 1882
- Forsyth v. StetsonDistrict Court, D. Massachusetts · 1898
- Gilbert Transp. Co. v. BordenCourt of Appeals for the First Circuit · 1909
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