Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Postlethwaite v. Freeland , L.R., 4 Ex. Div. 155 , and H. of L., 5 App. Cas. 599 followed.
Opinion ( per Lord Young) that delivery according to the custom of the port was to be implied in the contract of affreightment.
In respect of these findings of fact the Sheriff-Substitute found on the whole case and in law—(1) That if defenders were responsible at all for demurrage in the circumstances, the time on which it would fall to be calculated would be forty-two hours as above mentioned, bringing out a sum of £31, 10s.; (2) but that in the circumstances they cannot be held liable in demurrage: Therefore assoilzies defenders from the craving of the petition, and decerns, &c.
“ Note .—There is really little discrepancy between the parties as to the facts in this case, and Page: 64 ↓
The defenders replied—The case was ruled by Postlethwaite , for, substituting lighters for trucks, the circumstances were precisely parallel.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.