O'Connell v. One Thousand & Two Bales of Sisal Hemp
District Court, S.D. Alabama
This was a libel in rem by William H. O’Connell, master of tbe steamship Ravensdale, against 1,002 bales of sisal bemp, claimed by Tbebaud Bros., to enforce payment of freight. An opinion was heretofore filed on exceptions to the libel and motion to strike out. 75 Fed. 408. The cause has now been heard on the merits.
1Opinion of the Court
TOUTMIN, District Judge.
When this case was before me on exceptions to the amended libel, I overruled the exceptions, holding, in effect, (hat, on the allegations of the libel, the libelant was entitled to recover the charter hire of the vessel, and had a lien on the cargo therefor. Material allegations in the libel, and on which this ruling' was based, were that the shipper had knowledge of the charter (which I construed to mean knowledge of the terms or stipulations of the charter); that the hills of lading signed and delivered to the shipper contained the clause, “Freight and all conditions…
2Cases cited1 opinion
- The Peer of the RealmU.S. Circuit Court for the District of Eastern Louisiana · 1883