Vose v. Allen
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 in personam, filed in the district court, against Thomas Allen, owner of the barque Majestic, to recover damages for the non-delivery of a quantity of pig iron. After a decree by the district court in favor of the libellants [Case No. 17,005], the respondent appealed to this court.
1Opinion of the Court
NELSON, Circuit Justice.
The iron in question in this case was shipped at Belfast, Ireland, by a house there, to this port, and consigned to the libellants. The ship was consigned to Edmiston Brothers, of this city, agents of the owner. The bill of lading was in the usual form, except a note on the margin, “iron to be discharged by consignees in five days after arrival of vessel at New York, or pay demurrage of $25 per day after that time.” But this clause is of no special importance, in the view I have taken of the case. On the arrival of the vessel, she was reported by the master to the…
2Cited by5 opinions
- Post v. City of LincolnDistrict Court, S.D. New York · 1885
- Devato v. Eight Hundred & Twenty-Three Barrels of PlumbagoDistrict Court, S.D. New York · 1884
- Irzo v. PerkinsDistrict Court, S.D. New York · 1881
- Carter v. The MascotteCourt of Appeals for the Second Circuit · 1892
- Young v. LehmannDistrict Court, S.D. New York · 1886