The Pulaski
District Court, E.D. Michigan
In Admiralty. On exceptions to libel. The libel averred that on December 7, 1886, libelant shipped on hoard the Pulaski, at the port of Detroit, about 24,000 bushels of wheat, to be held and stored on board said schooner until the opening of navigation in the following spring, unless sooner discharged by the shippers; and, if not discharged, to transport the wheat to Buffalo, or other port, for the consideration of two and a quarter cents per bushel for proper storage during…
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In Admiralty. On exceptions to libel. The libel averred that on December 7, 1886, libelant shipped on hoard the Pulaski, at the port of Detroit, about 24,000 bushels of wheat, to be held and stored on board said schooner until the opening of navigation in the following spring, unless sooner discharged by the shippers; and, if not discharged, to transport the wheat to Buffalo, or other port, for the consideration of two and a quarter cents per bushel for proper storage during the winter, and the going freight for transportation to Buffalo, or other port, after the opening of navigation. The…
1Opinion of the CourtBrown, J.
I am informed tfyat contracts of this description have become quite common upon the lakes, the shipper thereby finding a convenient and cheap storage of his wheat upon the vessel, and the latter a profitable employment during the idle season. If the storage were a mere incident to the transportation, as, for instance, if the wheat were taken on board with the understanding that the vessel should sail as soon as a tug or consort should be procured, or as soon as the ice should leave the harbor, I should have no doubt that the vessel would be liable for any damage received by the cargo by…
2Cases cited2 opinions
- The Hendrick HudsonDistrict Court, S.D. New York · 1869
- Raft of Cypress LogsDistrict Court, W.D. Tennessee · 1876
3Cited by22 opinions
- The PoznanCourt of Appeals for the Second Circuit · 1925
- Pillsbury Flour Mills Co. v. Interlake S. S. Co.Court of Appeals for the Second Circuit · 1930
- Norton v. The Richard WinslowCourt of Appeals for the Seventh Circuit · 1896
- James Richardson & Sons, Ltd. v. Conners Marine Co.Court of Appeals for the Second Circuit · 1944
- Robinson v. The C. VanderbiltDistrict Court, E.D. New York · 1898
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