Legal Opinion

Sprowl v. Kellar

Supreme Court of Alabama

Decided June 15, 1833PublishedCited by 2 opinions

This was an. action upon the case, in the nature of assumpsit, by David Kellar, against George Sprowl, Andrew Buchanan, Hugh Findley, James E. Dickson, James W. Behan, James M. Banks, John Kennedy and John Elliott, late partners in, and owners of the steam-boat, “ Dewit Clintonand was prosecuted to recover damages, for a failure of the defendants, to comply with their undertaking, by a bill of lading, to deliver certain cotton, at New Orleans.

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This was an. action upon the case, in the nature of assumpsit, by David Kellar, against George Sprowl, Andrew Buchanan, Hugh Findley, James E. Dickson, James W. Behan, James M. Banks, John Kennedy and John Elliott, late partners in, and owners of the steam-boat, “ Dewit Clintonand was prosecuted to recover damages, for a failure of the defendants, to comply with their undertaking, by a bill of lading, to deliver certain cotton, at New Orleans. The bill of lading, upon which the action was founded, was in the following words: “ Shipped in. good order and well conditioned, by Kennedy & Elliott,…

1Opinion of the CourtSapfold, J.

The assignments of error in this case, arise out of the hill of exceptions, alone. They present but two questions for consideration, both of which, however, arc highly important in principle, and would require mature investigation, were they res integra in this Court.

The first relates to the sufficiency of the diligence and care, on the part of the owners and managers of the boat, under the facts as stated—which show that the boat may have been previously injured by a violent storm, and that a subsequent examination had been made, with a view to prevent any loss, in consequence thereof; and…

2Cited by2 opinions

  1. King v. ShepherdU.S. Circuit Court for the District of Massachusetts · 1844
  2. Binford v. The VirginiaDistrict Court, E.D. Virginia · 1879

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