Annan v. The Star of Hope
District Court, D. California
[Libel by W. C. Annan and others against the ship Star of Hope to recover the value of goods which the ship had failed to deliver. A contribution in general average was ordered, and the case is now heard on exceptions to various charges in the commissioner's report. Overruled. This was affirmed by the ■circuit court without opinion. Reversed by supreme court in The Star of Hope v. Annan, •9 Wall.
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[Libel by W. C. Annan and others against the ship Star of Hope to recover the value of goods which the ship had failed to deliver. A contribution in general average was ordered, and the case is now heard on exceptions to various charges in the commissioner's report. Overruled. This was affirmed by the ■circuit court without opinion. Reversed by supreme court in The Star of Hope v. Annan, •9 Wall. (76 U. S.) 203. See note at end of •case.] [“The ship Star of Hope sailed Feb. 10, 1856. from New York for San Francisco with a full cargo of divers kinds of merchandize including 500 casks and…
1Opinion of the Court
HOFFMAN, District Judge.
In this case libels were filed by various shippers to recover ' the value of goods which the ship had failed to deliver. The liability of the ship was not contested, nor was it denied that the amount due the shippers for short delivery, or non delivery, were [was] to be diminished by the amounts due from them respectively for their shares of a general average contribution. The object, therefore, of the litigation was to obtain a decision of the court on the question, whether certain damage sustained by the ship by reason of a stranding, or the expense of repairing such…
2Cases cited4 opinions
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Sims v. GurneySupreme Court of Pennsylvania · 1812
- Walden v. Le RoyNew York Supreme Court · 1805
- Harcourt v. HarrisonThe Superior Court of New York City · 1829