The Packet
U.S. Circuit Court for the District of Massachusetts
Libel on a bottomry bond, pledging the ship, freight, and cargo. The ship Packet with a valuable cargo on board, belonging principally to various shippers, was, on a voyage from' St. Petersburg (in Russia) to Boston (in America), run down by another vessel at sea, and was so much injured, that she was compelled to put into Christiansand (in Norway) for repairs.
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Libel on a bottomry bond, pledging the ship, freight, and cargo. The ship Packet with a valuable cargo on board, belonging principally to various shippers, was, on a voyage from' St. Petersburg (in Russia) to Boston (in America), run down by another vessel at sea, and was so much injured, that she was compelled to put into Christiansand (in Norway) for repairs. It was then found that the ship must undergo very considerable repairs, and the master not having sufficient funds in cash, and being unable to borrow money there, instead of selling a part of the cargo, which could be done only at' a…
1Opinion of the CourtStory, Circuit Justice
(after stating the facts). This is a very calamitous and extraordinary case; and yet it seems not now disputed by the parties before the court, that the transactions have been in entire good faith. Upon these facts, the court is not called upon to express any opinion, except so far as the parties to the controversy have brought before it their particular grounds of objection. I may be permitted, however, to observe, that the case of The Gratitudine, 3 C. Rob. Adm. 240, has established, upon the most satisfactory and conclusive grounds, the right of the master in a case of necessity to…
2Cases cited2 opinions
- Milward v. HallettNew York Supreme Court · 1804
- Lane v. PennimanMassachusetts Supreme Judicial Court · 1808
3Cited by13 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- The" Julia Blake"Supreme Court of the United States · 1883
- Babcock v. TerryMassachusetts Supreme Judicial Court · 1867
- The BowditchDistrict Court, D. Maine · 1856
- Robertson v. United InsuranceNew York Supreme Court · 1801
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