The New Hampshire
District Court, E.D. Michigan
In Admiralty. On exceptions to libel for breach of contract. The libel set forth the shipment, on board the schooner New Hampsliiro then lying at Presque Isle, and bound to Detroit, of a cargo of cedar posts, which the master, who was also the owner, agreed to carry to Detroit, and there dispose of, and pay the proceeds of the sale to the libelant, for a freight of one dollar and seventy-five cents a cord, to be retained from such proceeds; that the schooner arrived at…
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In Admiralty. On exceptions to libel for breach of contract. The libel set forth the shipment, on board the schooner New Hampsliiro then lying at Presque Isle, and bound to Detroit, of a cargo of cedar posts, which the master, who was also the owner, agreed to carry to Detroit, and there dispose of, and pay the proceeds of the sale to the libelant, for a freight of one dollar and seventy-five cents a cord, to be retained from such proceeds; that the schooner arrived at Detroit with hot- cargo, which the master sold at five dollars a cord, but has never yet delivered or accounted to the…
1Opinion of the CourtBrown, J.
The gist of the action in this case is the receipt and misappropriation, by the master, of the proceeds of the cargo. As he was owner, as well as master, there can be no doubt that he is liable in some form of action. The real question, is whether the contract to carry the posts, to sell them, and return the proceeds, is a single, indivisible contract, and that a maritime one; or whether, in fact, there are not two contracts; one as master to transport the cargo, and one as factor to sell the same, and account for the proceeds. In this case one of these contracts would be clearly maritime,…
2Cases cited8 opinions
- Kemp v. CoughtryNew York Supreme Court · 1814
- Monteith v. Kirkpatrick.U.S. Circuit Court for the District of Southern New York · 1855
- Williams v. NicholsNew York Supreme Court · 1834
- Harrington v. M'ShaneSupreme Court of Pennsylvania · 1834
- Stone v. WaittSupreme Judicial Court of Maine · 1850
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Krauss Bros. Lumber v. Dimon Steamship Corp.Supreme Court of the United States · 1933
- DC Andrews & Company v. United StatesUnited States Court of Claims · 1954
- The AliceDistrict Court, W.D. Washington · 1909