Dewar v. Mowinckel
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. Suit in admiralty by J. Ludwig Mowinckel, as owner of the steamer Rygja, against James Dewar, John McRaren, Ernest Gripper, and William Webb, partners as Dewar & Webb, the Lithgow Coal Association, Evan C. Evans, garnishee, and Joseph L. Schmidt and James B. Smith, sureties. Decree for libelant (173 Fed. 544), and respond* ents appeal.
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Appeal from the District Court of the United States for the Northern District of California. Suit in admiralty by J. Ludwig Mowinckel, as owner of the steamer Rygja, against James Dewar, John McRaren, Ernest Gripper, and William Webb, partners as Dewar & Webb, the Lithgow Coal Association, Evan C. Evans, garnishee, and Joseph L. Schmidt and James B. Smith, sureties. Decree for libelant (173 Fed. 544), and respond* ents appeal. On November 30, 1907, the Norwegian steamer Rygja was chartered by the appellee to the Lithgow Coal Association, a corporation of New South Wales, for the carriage of a…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The District Court found that Dewar & Webb were the consignees. Aside from the presumption which attends such a finding of fact on conflicting testimony, it is to be observed that the finding is well supported by the evidence. In answering the libel Dewar & Webb alleged that the Western Fuel Company was the consignee. On the trial it amended its answer, and alleged that the charterer was the consignee. fIt was not denied that the bill of lading came indorsed by the charterer “Deliver to the order of Evan C. Evans,” that Evans indorsed it to the order of…
2Cases cited5 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- 4,885 Bags of LinseedSupreme Court of the United States · 1861
- Crossman v. BurrillSupreme Court of the United States · 1900
- Randall v. SpragueCourt of Appeals for the First Circuit · 1896
- Morgan v. VlastoDistrict Court, S.D. New York · 1901
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