Propeller Mohawk
Supreme Court of the United States
On the 81st of October, 1860, two parties, owners of it, shipped on board the propeller Mohawk, the vessel being then at Chicago, and as was admitted in a stipulation of record, “ in good and seaworthy, condition,” two consignments of wheat, amounting to 20,200 bushels, to be delivered atBuffalo in good-order aiid condition, dangers of navigation excepted, upon- payment of freight and charges.
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On the 81st of October, 1860, two parties, owners of it, shipped on board the propeller Mohawk, the vessel being then at Chicago, and as was admitted in a stipulation of record, “ in good and seaworthy, condition,” two consignments of wheat, amounting to 20,200 bushels, to be delivered atBuffalo in good-order aiid condition, dangers of navigation excepted, upon- payment of freight and charges. The property was insured by an insurance company at the last-named place for $20,000. The propeller proceeded’ on her voyage, and after the same had been more than half completed, grounded on the 7th of…
1Opinion of the CourtJustice Nelson
The insurance company, having accepted the abandon ment of the wheat by the owner, after the disaster to the vessel, became subrogated to all the rights of the shipper, and might have left the responsibility upon the master to refit his vessel, or procure another, and forward the wheat to its poi’t of delivery, according to the contract in the bill of lading. The vessel could have been refitted within a short time; and this port was but a few days’ navigation from' the place of the disaster. Besides, it occurred in the track of vessels from Chicago, and other ports on the upper Takes, and…
2Cases cited1 opinion
- The EdwinDistrict Court, D. Massachusetts · 1859
3Cited by16 opinions
- Emert v. MissouriSupreme Court of the United States · 1895
- The G. R. BoothSupreme Court of the United States · 1898
- Hellenic Lines, Ltd., Cross-Appellee v. United States of America, and Commodity Credit Corporation, Cross-AppellantsCourt of Appeals for the Second Circuit · 1975
- Brown v. BignéOregon Supreme Court · 1891
- American Nav. Co. v. C. G. Blake Co.District Court, S.D. New York · 1924
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