Thatcher v. McCulloh
District Court, S.D. New York
This was an action by [Charles Thatcher] the master of the ship Celia against [James McCulloh] the consignee of part of her cargo to recover freight on a shipment of lead from New Orleans to New York. The hills of lading were dated at New Orleans the 27th and .20th of August, 1844. The ship sailed about the time of their date, partly laden, and ran to Havana, to take in the complement of her cargo.
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This was an action by [Charles Thatcher] the master of the ship Celia against [James McCulloh] the consignee of part of her cargo to recover freight on a shipment of lead from New Orleans to New York. The hills of lading were dated at New Orleans the 27th and .20th of August, 1844. The ship sailed about the time of their date, partly laden, and ran to Havana, to take in the complement of her cargo. She arrived there the 1st of October, just previous to a hurricane, which sot in at that period in that latitude. The Celia was a general ship; her main loading was cotton; the lead on board…
1Opinion of the Court
BETTS, District Judge.
A leading point made by the respondents is, that the court cannot take jurisdiction of an action in per-sonam, for freight brought by a master of a vessel against a consignee of her cargo. It is not controverted that the vessel is bound to the shipper for the delivery of the cargo, nor but that the cargo is bound in rem for the payment of freight; but it is urged upon the notion of the English common-law courts, that the action against the consignee upon the implied contract to pay freight, must be sued in a court of law in the name of the ship-owner. No additional light…
2Cases cited1 opinion
- Suydam v. Marine Insurance Co.New York Supreme Court · 1807
3Cited by1 opinion
- McDonald v. RosascoCourt of Appeals for the Third Circuit · 1927