Arthur v. The Cassius
U.S. Circuit Court for the District of Massachusetts
In admiralty. Libel [by Isaac W. Arthur and otkois] on a charter-party, in rem against the schooner, and in personam against the master.
Read the full summary
In admiralty. Libel [by Isaac W. Arthur and otkois] on a charter-party, in rem against the schooner, and in personam against the master. The libel, in substance, stated: — 1st. That Simon E. Cottrell, master of the schooner Cassius, on the third day of October, 1838, by a certain charter-party of affreightment at New York, annexed to-the libel, made and concluded between him and the libellant, engaged to take and receive on board the said schooner a cargo of white pine and hemlock, and lumber, both under and on deck, and all such lawful goods- and merchandise as the libellants might think…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been- very fully argued upon the appeal. The merits of the whole controversy mainly turn upon the following points. 1. Whether there was in fact a final refusal on the part of the consignee at Velasco to receive the goods there. 2. If there was, whether the master had a right, under all the circumstances, to carry the same to New Orleans, and there to make sale of them on account of the shippers. 3. If the respondents fail, .on these points, to make out a satisfactory .defence in proof, whether, as owners of the •Cassius, they are responsible for damages…
2Cases cited1 opinion
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
3Cited by5 opinions
- The Arctic BirdDistrict Court, N.D. California · 1901
- Irzo v. PerkinsDistrict Court, S.D. New York · 1881
- Swift v. TatnerSupreme Court of Georgia · 1892
- Goepel v. Hamburg American Packet Co.District Court, S.D. New York · 1911
- The National CityCourt of Appeals for the Ninth Circuit · 1902