Legal Opinion

Linklater v. Howell

District Court, S.D. New York

Decided May 10, 1898PublishedCited by 2 opinions

This was a libel in personam by William Linklater against Benjamin H. Howell and others to recover freight under a charter party.

1Opinion of the Court

BROWN, District Judge.

The questions at issue are whether the consignees of the sugar should pay freight according to the weight as determined by the custom-house weighers, or as indicated upon a long subsequent weight, as well as pay damages for the nondelivery of 31 baskets of sugar.

I have examined the evidence and the briefs with care. It will be sufficient to state my conclusions without a discussion of the very numerous and complicated details involved, or a specific reference to the arguments of counsel.

1. The weight of evidence clearly establishes that the dunnage was sufficient and in…

2Cases cited5 opinions

  1. Ceballos v. The Warren AdamsCourt of Appeals for the Second Circuit · 1896
  2. American Sugar-Refining Co. v. SandfieldDistrict Court, S.D. New York · 1897
  3. Grace v. The Mauna LoaDistrict Court, S.D. New York · 1896
  4. Kerbuish v. Havermeyers & Elder Sugar Refining Co.District Court, S.D. New York · 1890
  5. Kerruish v. Havemeyers & Elder Sugar Refining Co.Court of Appeals for the Second Circuit · 1891

3Cited by2 opinions

  1. The RosaliaCourt of Appeals for the Second Circuit · 1920
  2. The LennoxDistrict Court, S.D. New York · 1898

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