Hugetz v. Compania Trasatlantica
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Uibel by Edward Hugetz against the Compania Trasatlántica. Decree for respondent, and libelant appeals. Appeal from a decree in admiralty entered in the District Court for the Southern District of New York. Respondent operated a steamer or steamers between New York and Spanish ports.
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Appeal from the District Court of the United States for the Southern District of New York. Uibel by Edward Hugetz against the Compania Trasatlántica. Decree for respondent, and libelant appeals. Appeal from a decree in admiralty entered in the District Court for the Southern District of New York. Respondent operated a steamer or steamers between New York and Spanish ports. Libelant shipped on one of said steamers a box containing fountain pons of a value of several hundred dollars. This suit is to recover that value, respondent not having been able to produce the box at the port of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Much of the argument offered by libelant is in point of law unexceptionable, but has no application to the facts established by uncontradicted evidence.
[1] The messenger who in effect took this box of libelant’s to the wharf and made all the arrangements for shipment was for every present purpose the shipper of the goods; that is, he was libelant’s agent without any known limitation upon his authority. Missouri, etc., Co. v. Harper, 201 Fed. 671, 121 C. C. A. 570.
[2] It is plain that this agent had the option of shipping under a regular bill of lading or of…
2Cases cited3 opinions
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- George N. Pierce Co. v. Wells, Fargo & Co.Supreme Court of the United States · 1915
- Missouri Pac. Ry. Co. v. Harper Bros.Court of Appeals for the Seventh Circuit · 1912
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- Vision Air Flight Service, Inc. v. M/V National PrideCourt of Appeals for the Ninth Circuit · 1998
- Vision Air Flight Service, Inc. v. M/V National PrideCourt of Appeals for the Ninth Circuit · 1998
- Starrag v. Maersk, Inc.Court of Appeals for the Ninth Circuit · 2007