Snow v. Carruth
District Court, D. Massachusetts
By this libel, the owners of the ship John W. White, sought to recover of the respondents 8653.63. for freight of 200 barrels of oil and 92 tierces of lard, brought from New Orleans to Boston, in the summer of 1854. There were two bills of lading, in -one of which the respondents were the consignees, and the other had been assigned to them; and. on the whole consignment, they had advanced to nearly the value of the goods.
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By this libel, the owners of the ship John W. White, sought to recover of the respondents 8653.63. for freight of 200 barrels of oil and 92 tierces of lard, brought from New Orleans to Boston, in the summer of 1854. There were two bills of lading, in -one of which the respondents were the consignees, and the other had been assigned to them; and. on the whole consignment, they had advanced to nearly the value of the goods. On the arrival of the vessel at Boston, they received the goods, except as mentioned hereafter. The whole number of packages was delivered, but on gauging and weighing, it…
1Opinion of the Court
SPRAGUE, District Judge,
in deciding the cause, overruled the first objection. On the second point, he held that the liability of the carrier commenced with the receipt by him of the goods. The bill of lading acknowledges that the goods have been “shipped” prior to its date; it may have been several days prior; the obligation of the carrier begins at the time of the shipment, although the document, which is taken as the evidence of the reception and contract, may be of a subsequent date.
Upon the third point his honor said: There have been several cases in this court, in which this defence was…
2Cases cited1 opinion
- Fabbricotti v. LaunitzThe Superior Court of New York City · 1851
3Cited by14 opinions
- The Max MorrisSupreme Court of the United States · 1890
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- The Max MorrisDistrict Court, S.D. New York · 1885
- The MusselcragDistrict Court, N.D. California · 1903
- Inland Waterways Corp. v. Standard Commercial Tobacco Co.Court of Appeals for the Fifth Circuit · 1933
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