Sears v. Four Thousand Eight Hundred & Eighty-Five Bags of Linseed
U.S. Circuit Court for the District of Massachusetts
Appeal in admiralty from a decree of the district court of the United States for the district of Massachusetts. The libel was in the usual form of a libel in rem in a cause of contract civil and maritime, and was filed on the 17th of December, 1857, by Paul Sears, on behalf of himself and the other owners of the ship Bold Hunter, to recover a certain amount of freight earned by the ship on a voyage from Calcutta to Boston.
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Appeal in admiralty from a decree of the district court of the United States for the district of Massachusetts. The libel was in the usual form of a libel in rem in a cause of contract civil and maritime, and was filed on the 17th of December, 1857, by Paul Sears, on behalf of himself and the other owners of the ship Bold Hunter, to recover a certain amount of freight earned by the ship on a voyage from Calcutta to Boston. On the 5th of March, 1858, Rufus Wills, as administrator of Augustine Wills, deceased, intervened for his interest in the goods described in the libel, and prayed…
1Opinion of the Court
CLIFFORD. Circuit Justice.
It is insisted by the libellants that the goods consigned to Augustine Wills were discharged from the vessel and delivered to his agent without any intention on either side that the lien or privilege of the carrier should thereby be waived or impaired. On the part of the respondent, it is insisted that by the delivery of the goods under the circumstances of .this case the li-bellants waived then’ light to any lien thereon, and must rely upon the personal responsibility of the consignee. Some ground of inference that it was the intention of the libellants to waive the…
2Cases cited1 opinion
- Chandler v. BeldenNew York Supreme Court · 1820
3Cited by3 opinions
- Ackerlind v. United StatesUnited States Court of Claims · 1914
- Hansen v. Nine Hundred & Ninety-Eight Tons of CoalDistrict Court, D. Puerto Rico · 1913
- People v. MontgomeryCourt Of Oyer And Terminer New York · 1872