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208 F. 410

Docket No. 2,456.

Granger v. Stewart

Fifth Circuit Court of Appeals

Decided October 29, 1913.)

Fifth Circuit Court of Appeals · decided 1913-10-29

<p>Shipping (§ 172*) — Demurrage—Discharge of Cargo — Custom of Poet.</p> <p>Demurrage allowed under a contract of affreightment on discharge of cargo in New York held correct under the customs and usages of the port.</p> <p>[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 569; Dec. Dig. § 172.* ■■</p> <p>Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 O. C. A. 4.]</p>

Cited by 4 later decisions — most recently April 1967

1 district ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Affirmed · Opinion by (per_curiam) · Decided 1913-10-29

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¶1Shipping (§ 172*) — Demurrage—Discharge of Cargo — Custom of Poet.

¶2Demurrage allowed under a contract of affreightment on discharge of cargo in New York held correct under the customs and usages of the port.

¶3[Ed. Note. — For other cases, see Shipping, Cent. Dig. § 569; Dec. Dig. § 172.* ■■

¶4Demurrage, see notes to Harrison v. Smith, 14 C. C. A. 657; Randall v. Sprague, 21 C. C. A. 337; Hagerman v. Norton, 46 O. C. A. 4.]

¶5Appeal from the District Court of the United States for the Southern District of Georgia; Emory Speer, Judge.

¶6Suit in admiralty by Stewart & Co. and others against Granger & Lewis and others. Decree for libelants, and respondents appeal.

¶7Affirmed.

¶8Samuel,B. Adams and A. Pratt Adams, both of Savannah, Ga., for appellants.

¶9Edw. S. Elliott, of Savannah, Ga., for appellees.

¶10Before PARDEE and SHELBY, Circuit Judges, and FOSTER, District Judge.

¶12PER CURIAM.

¶13Under the contract of affreightment in this case, the discharge of cargo- was necessarily controlled by the customs and usages of the port of New York, and under the evidence in the case we find the amounts allowed in the District Court for demurrage are in accordance with such custom and usages; and as we think the decree does substantial justice between the parties, the same is affirmed.

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