Legal Opinion

McKeen v. Morse

Court of Appeals for the Second Circuit

Decided November 7, 1891PublishedCited by 3 opinions

In Admiralty. Appeal from a decree of the district court of the United States for the southern district of New York, dismissing the libei of the libelant. The respondent chartered libelant’s schooner to carry ice from Richmond, Mo., to New York. The vessel arrived at Richmond August 27, 1890, and her master at once gave notice of his readiness to load. The loading was not completed until September 10th.

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In Admiralty. Appeal from a decree of the district court of the United States for the southern district of New York, dismissing the libei of the libelant. The respondent chartered libelant’s schooner to carry ice from Richmond, Mo., to New York. The vessel arrived at Richmond August 27, 1890, and her master at once gave notice of his readiness to load. The loading was not completed until September 10th. Libelant claimed that five days would have been sufficient in which to load, but it appeared that he made no formal protest against his detention. Neither the charter nor the bill of lading…

1Per curiam

There is no merit in the claim of the libelant for the detention of his vessel at Richmond. He was aware of this himself, and did not assert any such claim in his conversations with the respondents, but insisted upon compensation for the detention, at Poughkeepsie. The respondents, recognizing-their liability for the detention at Poughkeepsie, tried to induce him to accept $100 in full. He refused, and they handed him a check for $125. When he read it, and saw the amount, he told them it would not satisfy the owners; but they insisted upon his keeping it, telling him, if he found it did not…

2Cited by3 opinions

  1. Martin v. GoodmanSupreme Court of Oklahoma · 1927
  2. Nassoiy v. TomlinsonNew York Supreme Court · 1892
  3. Regan v. United StatesCourt of Appeals for the Second Circuit · 1910

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