One Thousand Two Hundred & Sixty-Five Vitrified Pipes
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York. [This was a libel for nonpayment of freight by Mary Dunham, executrix, and others, against one thousand two hundred and sixty-five vitrified pipes (William Nelson, Jr., claimant). From a decree of the district court for libellants (Case No. 14,280), claimant appeals.j
1Opinion of the Court
JOHNSON, Circuit Judge.
The rule of law in respect to the delivery of merchandise from vessels is well settled. Under the ordinary bill of lading, the freight is demandable. only when the goods are discharged from the vessel, and an opportunity is had for their examination by the party who is to receive them. On the other hand, the carrier is not bound to part with the possession, or to make actual delivers’, except upon payment of the freight. Neither party can require of the other, as of right, that goods under one bill of lading shall be delivered in parcels, on the freight of such parcels…
2Cases cited1 opinion
- Clark v. MastersThe Superior Court of New York City · 1857
3Cited by5 opinions
- Clark v. Five Hundred & Five Thousand Feet of LumberCourt of Appeals for the Seventh Circuit · 1894
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- Hawkins v. DavisCourt of Appeals for the Second Circuit · 1895
- Simpson v. One Hundred & Ten Sticks of Hewn TimberDistrict Court, E.D. New York · 1881
- Societa Anonima Agrumaria di Navigazione v. AngierDistrict Court, S.D. New York · 1887