N. & W. Railroad v. Shippers Compress Co.

Citations

• 83 Va. 272
• 2 S.E. 139
• 1887 Va. LEXIS 63

Syllabus

<p>1. Carriers—Contract—Breach—Liability—Ultra vires—Waiver.—V. &</p> <p>T. Air Line agreed to load steamers chartered by S. C. Co. with cotton to be delivered by a certain day, but failed to deliver the cotton till some days later, when it was loaded. Under its charter-party, the S. C. Co. had to pay a certain sum per, day for demurrage ; whereof the V. & T. Air Line was aware—</p> <p>Held :</p> <p>1. The contract was not tiltra vires on the part of the V. & T. Air Line.</p> <p>2. It was liable to the S. C. Co. for the amount paid by latter for demurrage.</p> <p>3. Its liability was not waived by S. C. Co.’s accepting delivery after the agreed day.</p> <p>2. Practice at Common law—Judgment.—Where only one of several defendants has been served with process, judgment may be rendered against him. Code 1873, ch. 167, § 50.</p>