Graham v. Planters' Compress Co.

Citations

• 129 F. 253
• 1904 U.S. Dist. LEXIS 298

Syllabus

<p>L Shipping — Demurrage—Liability of Consignee.</p> <p>Where a consignee is interested in the cargo, and accepts it under a charter party made between the vessel and the consignor which provides for demurrage, he is liable therefor in case of his default.</p> <p>% Same — Bills of Lading.</p> <p>Where a part of the freight had been paid by the consignor, and the consignee was required by the charter party to pay the balance, a provision in the bill of lading requiring the consignee to pay freight at the rate agreed on, in accordance with the terms of the charter party, referred to freight alone, and did not obligate the consignee to pay demur-rage.</p> <p>S. Same — Failure to Accept Cargo.</p> <p>Where, though a consignee was not liable for demurrage under the bill of lading or charter party, he improperly refused to take part of the cargo within a reasonable time after arrival, he thereby became liable for damages arising from the delay.</p> <p>f 1. Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 G. C. A. 4</p> <p>See Shipping, vol. 44,. Cent. Dig. § 571.</p>