Whitehouse v. Halstead

Citations

• 90 Ill. 95

Syllabus

<p>1. Evidence—admissibility under pleadings—stipulation. A party can not object to the admission of evidence for want of proper pleadings, when it is stipulated that the plaintiff may, on the trial, introduce any evidence which he could under pleadings properly pleaded and necessary to make out his case, and that the defendant may do likewise as to his defense, under the general issue. This is a waiver of all technicalities, and consent to try the case on its merits.</p> <p>2. Shipping—liability of consignee for demurrage for delay in discharging cargo. It is the duty of a consignee of a cargo by vessel on the lakes to discharge the vessel within a reasonable time after her arrival in the port of destination, and failing to do so he will be liable for the damages sustained by the delay.</p> <p>3. In the absence of any custom to allow any deduction for delay caused . by unloading other vessels already in dock, the owner of the vessel will not be required to bear the loss occasioned thereby, but the consignee must be ready to receive the freight within the time fixed by the custom of the port, after the vessel arrives. When he charters a vessel there is an implied agreement that he will not delay the commencement to discharge the cargo beyond the time allowed by the custom of the port, for the breach of which he must respond in damages.</p> <p>4. Where the owner of a vessel chartered for a cargo makes no agreement to perform the voyage in any specified time, and the voyage is not unusually long, he will not be required to bear the loss for a delay in commencing the discharge of the cargo, by other vessels being in dock on his arrival, because he might have made the voyage two days earlier, and before the other vessels were placed in dock for discharge.</p> <p>5. A party chartering a vessel will not be excused from the payment of damages caused by delay through his fault in discharging the cargo, because the unloading was prevented by rain, when the unloading might ha