The Zephyr
U.S. Circuit Court for the District of Massachusetts
This was a libel, upon a bottomry bond, against the schooner Zephyr, her cargo, and freight. The schooner was bound on a voyage from Messina in Sicily to Boston, with a cargo consisting principally of fruit, and being greatly injured by the perils of the sea during her voyage was compelled to put into the port of Lisbon for repairs and refitment.
Read the full summary
This was a libel, upon a bottomry bond, against the schooner Zephyr, her cargo, and freight. The schooner was bound on a voyage from Messina in Sicily to Boston, with a cargo consisting principally of fruit, and being greatly injured by the perils of the sea during her voyage was compelled to put into the port of Lisbon for repairs and refitment. A survey was here called, and the cargo was unladen for the purpose of repairs, and the latter being completed, the undamaged part of the cargo was reladen, and the libellants also shipped on board about 50 casks of wine for the Boston market. The…
1Opinion of the Court
STOB5T, Circuit Justice
(after reciting the ■ facts). It is unnecessary to state any other points presented by the case, except those which have been suggested for argument in this court. The first is, whether the cargo is bound by the terms of the bond, that cargo having been shipped partly on freight, and partly on account of the owners of the ship. It appears to me that the cargo is not, upon the true construction of the terms of the bond, bound by the hypothecation. It is true, that in the preliminary recital it is stated, that the master was necessitated to take upon the schooner, her…
2Cited by2 opinions
- Brett v. Van PraagMassachusetts Supreme Judicial Court · 1892
- Braynard v. . HoppockNew York Court of Appeals · 1865