Israel v. Moore & McCormack Co.

LEARNED HAND, District Judge.

The first question raised in this case.is of the jurisdiction of the admiralty over the libel, which unquestionably sets up a valid cause of action at law in quasi contract. The facts are these: -The libelant shipped coffee on the respondent’s ship from Rio to New York. En route- the ship jettisoned a part of the cargo unknown to the libelant, who on arrival paid the whole freight due under the bills of lading, supposing the coffee was still on board. The libel is for the freight paid upon the part jettisoned.

It appears to me impossible to decide the case without…