Portland Flouring Mills Co. v. Portland & Asiatic S. S. Co.
District Court, D. Oregon
In Admiralty. On exceptions to libel. After stating. that the several companies parties to this proceeding were incorporated, the libel proceeds in effect as follows: About August 20, 1901, libelant entered into a contract with a Chinese syndicate at Hong Kong, China, for the sale and shipment of 40,000 barrels of flour during the months of September, October, November, and December following, to be delivered by libelant on board ship at Portland, Or., or on Puget Sound; the…
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In Admiralty. On exceptions to libel. After stating. that the several companies parties to this proceeding were incorporated, the libel proceeds in effect as follows: About August 20, 1901, libelant entered into a contract with a Chinese syndicate at Hong Kong, China, for the sale and shipment of 40,000 barrels of flour during the months of September, October, November, and December following, to be delivered by libelant on board ship at Portland, Or., or on Puget Sound; the buyers to pay tbe freight, as the respondent Portland & Asiatic Steamship Company well .knew; insurance to be effected…
1Opinion of the CourtWouverton, District Judge
(after stating the facts). In the view I entertain of the matters .presented, it will be necessary to consider the first exception only. A- disposal of that will determine the cause on its merits.
Plaintiff’s theory of the libel is as well expressed as could be by its counsel in their brief submitted with the argument. I quote as they state it:
“Our claim against this fund arises from the doctrine of subrogation, that is to say, having paid the Portland & Asiatic, or its assigns, the freight, which, as between the Chinamen and ourselves, was due from the China-men, we are subrogated to the…
2Cases cited10 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Aetna Life Ins. Co. v. MiddleportSupreme Court of the United States · 1888
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- The KimballSupreme Court of the United States · 1866
- The Bird of ParadiseSupreme Court of the United States · 1867
5 more not listed; retrieve them via the Exa API.
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- Jebsen v. A Cargo of HempDistrict Court, D. Massachusetts · 1915
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