Howard v. Spring Coal Co.

Headnote

Ships and shipping — demurrage — charter — action to recover for unreasonable delay in discharging cargo.

Howard v. Spring Coal Co., 222 App. Div. 762 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 19, 1927, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The action was brought to recover for alleged unreasonable detention of plaintiff’s barge by defendant, its charterer. It appeared that the boat arrived at its destination on July 30, 1923, but was not unloaded and discharged until October 15, 1923. The question was whether the contract by the. use of the words “ free of demurrage loading and discharging ” granted to defendant freedom from demurrage during the entire period that the boat was detained.