Owens v. Breitung
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Dibel by Tom B. Owens, trading as Tom B. Owens & Co., against Edward N. Breitung. Decree for respondent, and libelant.appeals.
1Per curiam
[1] The libelant’s case is quite without equity.. Concededly the general rule in this country is that, if goods are not delivered, no freight is earned, and the shipper may recover the same, if prepaid. National Steam Navigation Co. v. International Paper Co., 241 Fed. 861, 154 C. C. A. 563.
[2] In the present case it was known to all concerned before the voyage began that, though the steamer was to be seized as enemy property, there would be no condemnation of the cargo, which was to be bought or forwarded to destination by the seizing government. Before the voyage to Rotterdam was completed,…
2Cases cited7 opinions
- The Eliza LinesSupreme Court of the United States · 1905
- Caze v. Baltimore InsuranceSupreme Court of the United States · 1813
- The Eliza LinesSupreme Court of the United States · 1895
- United States ex rel. Pressprich & Son Co. v. ElwellCourt of Appeals for the Second Circuit · 1918
- National Steam Nav. Co., Ltd., of Greece v. International Paper Co.Court of Appeals for the Second Circuit · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cannella v. Lykes Bros. SS Co.Court of Appeals for the Second Circuit · 1949
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- Prince Line, Ltd. v. American Paper Exports, Inc.Court of Appeals for the Second Circuit · 1932
- James Richardson & Sons, Ltd. v. Conners Marine Co.Court of Appeals for the Second Circuit · 1944
- United States v. the John R. WilliamsCourt of Appeals for the Second Circuit · 1944
4 more not listed; retrieve them via the Exa API.