Legal Opinion
Lightburne v. The Tongoy
District Court, S.D. Alabama
Decided March 25, 1893PublishedCited by 4 opinions
In Admiralty. ’Libel In rera by shippers to recover damages itor breach, of charier party in that the master, before signing bills of lading, wMch he claimed viere Incorrect, indorsed on them that -* certain amount of cargo was in dispute. The shippers accepted the bills under protest, and then libeled the vessel.
1Opinion of the Court
TOULMIN, District Judge.
The libelants sue for a breach of a charter party made in London, Eng., on the 22d of October, 1892. *330The charter’ party contains, among other things, the following stipulations:
“The master shall sign shippers’ bills of lading as presented without prejudice to this charter party, hut any difference in freight shall he settled on signing bills of lading. * * * Bills of lading are to he binding upon master and owners as proof of quantity delivered to the ship; the master’s signature to be in all cases binding upon owners.”
The charterers were the shippers, and the cargo…
2Cases cited1 opinion
- The DelawareSupreme Court of the United States · 1872
3Cited by4 opinions
- Second Nat. Bank v. Columbia Trust Co.Court of Appeals for the Third Circuit · 1923
- The KirkhillCourt of Appeals for the Fourth Circuit · 1900
- Wyman v. The SprottDistrict Court, S.D. New York · 1895
- McIntyre Bros. & Co. v. South Atlantic Steamship LineCourt of Appeals of Georgia · 1913