Clark v. Five Hundred & Five Thousand Feet of Lumber
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern District of Illinois. This was a libel by Frank Clark, owner of the steam barge Maggie Duncan, against 505,000 feet of lumber, constituting her cargo, and 1L l’aepcke & Co., consignees, to enforce a lien for freight The district court dismissed the libel, and libelant appealed. On.
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Appeal from the District Court of the United States for the Northern District of Illinois. This was a libel by Frank Clark, owner of the steam barge Maggie Duncan, against 505,000 feet of lumber, constituting her cargo, and 1L l’aepcke & Co., consignees, to enforce a lien for freight The district court dismissed the libel, and libelant appealed. On. December 14, 1894, (his court reversed the decree, and remanded the cause, with directions to enter a. decree in favor of libelant. 12 C. C. A. 628, 65 Fed. 236. The appellee has Hied a petition for rehearing.
1DissentBaker, District Judge
I will briefly state some of the reasons why I think a rehearing should be granted in this case. The right to the lien for the freight arose when the lumber was laden on shipboard, but that right could not mature into a present cause of action until the contract of affreightment was completed by the delivery and acceptance of the lumber at the port of destination, or until there had been a proper tender of delivery, and a refusal of acceptance, or until the delivery and acceptance, or the tender thereof, had been waived. Neither of these things had occurred at the time of the institution of…
2Cases cited3 opinions
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Ross v. BourneDistrict Court, D. Massachusetts · 1883
- White v. DunnMassachusetts Supreme Judicial Court · 1883