The Nora
District Court, E.D. Pennsylvania
In Admiralty. Libel and answer. Libel filed by Stewart & Co., indorsees of a bill of lading, against the bark Nora, to recover the value of a shortage of 26 tons of steel-scrap. On April 6, 1880, Sanders Bros, shipped on the bark Nora, at Antwerp, to be carried to Philadelphia, a quantity of steel-scrap, weighing about 200,000 kilos, or 197 tons, and indorsed the bill of lading to libelants.
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In Admiralty. Libel and answer. Libel filed by Stewart & Co., indorsees of a bill of lading, against the bark Nora, to recover the value of a shortage of 26 tons of steel-scrap. On April 6, 1880, Sanders Bros, shipped on the bark Nora, at Antwerp, to be carried to Philadelphia, a quantity of steel-scrap, weighing about 200,000 kilos, or 197 tons, and indorsed the bill of lading to libelants. The Nora also carried two other consignménts of steel-scrap, of 10 and 24 tons, respectively, and also two other consignments of scrap-iron, of 20 and 267 tons, respectively. The vessel put into-Waterford…
1Opinion of the Court
Butler, D. J.
Under the terms of the bill of lading, the libel-ants, who are indorsees, must show that the steel claimed was shipped, and that the non-delivery resulted from negligence. The quantity delivered was nearly 157 tons. That the quantity shipped was about 197 tons, is reasonably clear. This is the quantity named in the bill of lading; and although the respondent witheld his assent from this statement, the declaration thus made by the shipper, at the time of loading, is a part of the res gesta, and while it may, and doubtless would, be insufficient to establish a prima facie case, it…
2Cases cited1 opinion
- The ThamesSupreme Court of the United States · 1872
3Cited by2 opinions
- T. M. Duche & Sons, Inc. v. Compania TrasatlanticaDistrict Court, S.D. New York · 1931
- Herschel Jones Marketing Service, Inc. v. United StatesDistrict Court, S.D. New York · 1929