The Wilkesbarre Coal & Iron Co., 129

S.D. New York

The Wilkesbarre Coal & Iron Co., 129

29 F. Cas. 1246, 5 Ben. 482

DecidedJanuary 15, 1872

StatusPublished

This text of 29 F. Cas. 1246 (The Wilkesbarre Coal & Iron Co., 129) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The Wilkesbarre Coal & Iron Co., 129, 29 F. Cas. 1246, 5 Ben. 482 (S.D.N.Y. 1872).

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Opinion

BLATCHFORD, District Judge.

In this case a decree must be entered dismissing the libel, with costs, on the ground that it is not shown affirmatively by the libellant, that lie paid anything for demurrage caused by the delay of the barge in transporting the machinery in question to New York. Although it is shown that lie paid sonic demurrage to the charterers of the Levanter, yet it is not shown that any legal claim for demurrage in fact existed against the libellant, in respect of any delay in putting on board of tlie Levanter the machinery in question.

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BLATCHFORD, District Judge.

In this case a decree must be entered dismissing the libel, with costs, on the ground that it is not shown affirmatively by the libellant, that lie paid anything for demurrage caused by the delay of the barge in transporting the machinery in question to New York. Although it is shown that lie paid sonic demurrage to the charterers of the Levanter, yet it is not shown that any legal claim for demurrage in fact existed against the libellant, in respect of any delay in putting on board of tlie Levanter the machinery in question.

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29 F. Cas. 1246, 5 Ben. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-wilkesbarre-coal-iron-co-129-nysd-1872.