Legal Opinion

The Richmond

District Court, N.D. Illinois

Decided April 15, 1854Published

in admiralty. The libel in this case alleges that the libellant made a contract of affreightment with the captain of the schooner, by which the latter agreed, in August, 1851, to transport six tierces and one hundred and twelve hogsheads of sugar belonging to the libellant, of the value of eight thousand three hundred and thirty-nine dollars, from Buffalo to Chicago, and to deliver the same in good order to the libellant, dangers of navigation excepted; that the vessel did…

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in admiralty. The libel in this case alleges that the libellant made a contract of affreightment with the captain of the schooner, by which the latter agreed, in August, 1851, to transport six tierces and one hundred and twelve hogsheads of sugar belonging to the libellant, of the value of eight thousand three hundred and thirty-nine dollars, from Buffalo to Chicago, and to deliver the same in good order to the libellant, dangers of navigation excepted; that the vessel did not deliver the sugar according to contract to the libellant at Chicago, but on the contrary, against the consent,…

1Opinion of the Court

DRUMMOND, District Judge.

In the case-of foreign vessels arriving in this country, it has been held that it is not necessary for the carrier to deliver the property shipped to the consignee personally, but to deliver it at the usual wharf, or at any proper place-of landing, with reasonable notice to the consignee, will be sufficient. It is considered In such cases that the undertaking of the carrier is simply to convey from port to port. But this rule has been thought not to apply to the delivery in the coasting and internal trade of the country, but that in the absence of a special contract…

2Cases cited6 opinions

  1. Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Western Transportation Co. v. NewhallIllinois Supreme Court · 1860
  3. Chicago & Alton Railroad v. ScottIllinois Supreme Court · 1866
  4. Porter v. Chicago & Rock Island RailroadIllinois Supreme Court · 1858
  5. Hemphill v. ChenieSupreme Court of Pennsylvania · 1843

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