Vane v. A. M. Wood & Co.
District Court, S.D. New York
In Admiralty. Suit by William B. Vane and others against A. M. Wood & Co., Incorporated, and the American Smelting & Refining Company. This is a libel in personam for the recovery of freight upon a voyage of the schooner Fannie H. Stewart, of Cambridge, Md., from Baltimore to Perth Amboy and back to Chesapeake Bay.
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In Admiralty. Suit by William B. Vane and others against A. M. Wood & Co., Incorporated, and the American Smelting & Refining Company. This is a libel in personam for the recovery of freight upon a voyage of the schooner Fannie H. Stewart, of Cambridge, Md., from Baltimore to Perth Amboy and back to Chesapeake Bay. The libelants chartered the vessel to one Anthony McGarvey for the'voyage in question, to carry a complete cargo of pyrites cinders at a hire of $20 per day for every day from the day the vessel reported ready to load cargo in Chesapeake Bay until her return. The vessel reported at…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The American Smelting & Refining Company is certainly liable for a certain amount of the freight. It has been held for many years that a consignee, who receives goods under a bill of lading which contains an agreement to pay freight, is personally responsible for the freight. The theory is that the acceptance of the goods under the bill of lading is evidence of an agreement by the consignee to be bound in accordance with its terms. Cock v. Taylor, 13 East, 399; Sanders v. Vanzeller, 4 Q. B. 206; Moeller v. Young, 25 L. J. Q. B. at page 96. The American…
2Cases cited2 opinions
- Union Pac. R. v. American Smelting & Refining Co.Court of Appeals for the Eighth Circuit · 1912
- Philadelphia & R. R. v. BarnardDistrict Court, E.D. New York · 1868
3Cited by7 opinions
- Lamborn & Co. v. Compania Maritima Del NervionDistrict Court, S.D. New York · 1927
- United States v. LambornCourt of Appeals for the Second Circuit · 1932
- Yone Suzuki v. Central Argentine Ry. Co.District Court, S.D. New York · 1921
- The Mount ShastaDistrict Court, D. Massachusetts · 1923
- Pavlakis v. Seacrest Shipping Co.District Court, D. Maryland · 1955
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