Page:Federal Reporter, 1st Series, Volume 4.djvu/589

 JOHANSSEN V. BABE ELOINA. 575 �point of the controversy, interest upon the demurrage was not allowed, but it doea not appear that it was olaimed. In the ease of The Transit, 4 Ben. 138, no interest on the demurrage was allowed, and, so far as appears, no claim for interest was made. In the case of The Emelie, 4 Ben. 235, no interest on the demurrage was allowed, and, so far as appears, none was claimed. In the case of Keen v. Avdenried, 6 Ben. 53, demurrage was allowed, but, so far as appears, interest was not claimed. This was an action upon a char- ter-party, where the liability for demurrage arose from the contract, and the rate of demurrage was fixed by the charter. In the case of 595 Tons of Gvmuo, in this district, 6 Ben. 535, demurrage was allowed without interest. This case, like the last, was upon a contract, and where no daim for interest was made. in the case of Baetjer v. Boers, 7 Ben. 293, de- murrage was allowed without interest, and no exception waa taken. This also was upon a contract. In the case of The New Orleans, decided May 25, 187T, this question was dis- tinctly presented to Judge Blatchford, in the district court of the Southern district of New York, by an exception to the refusai of the commissioner to allow interest on demurrage in a case of collision, and the ruling of the commissioner waa upheld. These cases show that the practice in the district courts of these two district bas been not to allow interest on demurrage. The case of The Alexana/ria, above referred to, was before the chief justice holding the circuit court for the Bouthern district; but an examination of the opinion on file shows that no objection was made in that court to the amount of the decree in the district court. It is evident, therefore, that the allowance of interest in that ease was not made a subject of review in the circuit court. The case of The New Orleans, above referred to, in which Judge Blatch- ford, upon the exceptions to the report, expressly ruled against the allowance of interest on demurrage, also came before the chief justice in the circuit court upon appeal, and was decided some weeks after his decision of the case of The Alexandria. 'It was there declared that "the judge below was right in his rulings," one of which rulings was that interest ����