In re 2,098 Tons of Coal
Court of Appeals for the Seventh Circuit
Appeal from tlie District Court of the United States for the Eastern District of Wisconsin. In Admiralty. This is a libel in rem filed by the Ionia Transportation Company, the owner of the steamer Ionia, against her cargo of coal, for demurrage, for delay in unloading at the port of Racine.
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Appeal from tlie District Court of the United States for the Eastern District of Wisconsin. In Admiralty. This is a libel in rem filed by the Ionia Transportation Company, the owner of the steamer Ionia, against her cargo of coal, for demurrage, for delay in unloading at the port of Racine. The second article of the libel charges that in October, 1903, the Kanawha Fuel Company shipped on board the steamer Ionia, lying at the port of Toledo, in the state of Ohio, a cargo of coal, to be therein carried from the port of Toledo to the port of Racine. Wis., and there delivered to the Weaver &…
1Opinion of the CourtJenkins, Circuit Judge
The obligation of the Ionia was to deliver her cargo at a particular dock. The voyage was not completed, nor was her obligation discharged, until she reached the designated place of discharge, ready to deliver her cargo. The ship must reach the place designated. Murphy v. Coffin, 12 Q. B. D. 87; Dahl v. Nelson, 6 App. Cas. 38, 44; Basti*320fell v. Lloyd, 31 L. J. Ex. 413. In the latter case, by the terms of the charter party, the ship was to proceed to Mr. Coles’ Wharf, Rochester, or so near thereto as she might safely get. The vessel was detained for some days, waiting for better tides. Lord…
2Cases cited8 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Fish v. One Hundred & Fifty Tons of Brown StoneDistrict Court, S.D. New York · 1884
- Owen v. 65,000 Bushels of CornDistrict Court, N.D. New York · 1893
- Williscroft v. Cargo of CyrenianDistrict Court, W.D. New York · 1903
- The M. S. Bacon v. Erie & Western Transportation Co.U.S. Circuit Court for the District of Western Pennsylvania · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re SmithDistrict Court, E.D. Illinois · 1934
- Warren v. Portland Terminal Co.Supreme Judicial Court of Maine · 1922
- Hind, Rolph & Co. v. OstranderCourt of Appeals for the Ninth Circuit · 1920