The Corfe Castle

Citations

• 221 F. 98
• 1915 U.S. Dist. LEXIS 1581

Syllabus

<p>1. Shiphing <§=>170—Demurrage—Right of Action by Lighter.</p> <p>A shipper, holding a permit from a steamship for delivery of cargo thereto, employed lighters of libelant to make such delivery. By the custom of the port and the rules of the Produce Exchange a lighter was entitled to be discharged within 48 hours, and to charge demurrage at the rate of $10 per day thereafter; notice to be given to its employer each day during the accruing of demurrage. Held that, in view of the fact that there was an express contract between the steamship and shipper under which the delivery was made, there was no implied contract which would support an action for demurrage by libelant directly against the steamship; his right of action being against the shipper.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 565-567; Dec. Dig. <@=>170.]</p> <p>2. Shipping <@=>170—“Ordinary Demurrage.”</p> <p>“Ordinary demurrage” is a claim by the vessel or the owner of the vessel against the charterer or the cargo; or it may be a claim by the charterer against some person failing to perform a maritime duty to the vessel.</p> <p>[Ed. Note.—For other cases, see Shipping, Cent. Dig. §§ 505-567; Dec. Dig. <@=>170.]</p> <p>ig=sFor other oases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>