Kerruish v. Havemeyers & Elder Sugar Refining Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court for the Southern District of New York. In Admiralty. Suit by the masters of the vessels Hampshire and Ixia against the Havemeyers & Elder Sugar Refining Company to recover a balance of freight. A- decree for libelants was affirmed by the circuit court, and respondent appeals.
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Appeal from the Circuit Court for the Southern District of New York. In Admiralty. Suit by the masters of the vessels Hampshire and Ixia against the Havemeyers & Elder Sugar Refining Company to recover a balance of freight. A- decree for libelants was affirmed by the circuit court, and respondent appeals. The evidence showed that the respondent took charge of the unloading, and its employes handled the bags roughly, destroying some of the bags, and obliterating their marks; that a great deal of sweepings remained after the discharge, which were placed in new bags by the ships’ coopers. The…
1Per curiam
There is no proof of a short delivery of cargo in these cases, except as to the sugar in the 11 cargo bags not delivered by the Ixia, and the 15 not delivered by the Hampshire. We are satisfied that the contents of these bags were delivered in the 76 new bags of the Ixia,. and the 211 of the .Hampshire,, containing sweepings, and that some of the cargo bags were destroyed by rough usage during the discharge, and others, partly destroyed, were put inside the new bags. The decree of the circuit court in each case is affirmed, with interest, and the costs of the appeal to be paid by the…
2Cited by1 opinion
- Linklater v. HowellDistrict Court, S.D. New York · 1898