Atlantic & M. G. S. S. Co. v. Guggenheim

Citations

• 123 F. 330
• 1903 U.S. Dist. LEXIS 233

Syllabus

<p>t, Shipping—Action for Demurrage—Defenses.</p> <p>Under a contract for the carriage of a number of cargoes of coke between certain ports by two vessels, which provided that the vessels should be kept a regular period apart as much as possible, where the vessels were accepted and loaded when tendered, and the freight was paid, without any protest or objection, although they were not kept a regular period apart, and no damage is shown to have resulted, the shipper cannot set up such breach of the contract in defense to an action for demurrage.</p> <p>2. Same.</p> <p>Under a provision of a contract of affreightment requiring the shipper to load the cargo as fast as the vessels can receive the same, adverse weather conditions are not a defense to an action to recover demurrage for a failure to comply with such stipulation.</p> <p>¶ 1. Demurrage, see notes to Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 C. C. A. 4.</p>