L. Elkin & Co. v. New York & New Orleans Steamship Co.

The plaintiffs had judgment in the District Court for the value of goods shipped on board the defendants’ vessel, on freight, and which were damaged by water, as testified by several witnesses, to such an extent as to render them entirely valueless. .

Defendants appeal from the judgment, and rely upon the case of Henderson & Gaines v. Ship Maid of Orleans, 12th An. 352; in which case plaintiffs were nonsuited, because they had not ascertained, by an auction sale the difference between the invoice price of the goods shipped, and their value as delivered. The distinction to be made between the…