Planters' Fertilizer Mfg. Co. v. Elder
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Eastern District of Louisiana. The libelants claim $2,936.50 for freight, due for the carriage of two cargoes of superphosphate by their steamships Merrimac and Montezuma from Liverpool to New Orleans, the rate of freight being eight shillings per ton. The libel alleges that hills of lading for the two cargoes were issued and delivered to the shippers, copies of the same being annexed to and made part of the libel.
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Appeal from the District Court of the United States for the Eastern District of Louisiana. The libelants claim $2,936.50 for freight, due for the carriage of two cargoes of superphosphate by their steamships Merrimac and Montezuma from Liverpool to New Orleans, the rate of freight being eight shillings per ton. The libel alleges that hills of lading for the two cargoes were issued and delivered to the shippers, copies of the same being annexed to and made part of the libel. The bill of lading marked “Exhibit A” is stated to be “in bulk,” 750 tons, 19 cwt., and 1 qr., and the bill is indorsed,…
1Opinion of the CourtPardee, Circuit Judge
The main contention of the appellant is to the effect that, as the evidence shows that there was a short delivery of cargo, the libelants were estopped by the recitation of the weights as given in the bills of lading as to the amount actually received by the ships to be delivered; and the more so as the bills of lading, as issued by the ships’ agents, were handed over to the shipper, who used them to draw on the consignee for the full amount of the cargo recited to have been received and shipped, and as the consignee, relying upon the verity of the bills of lading and in advance of the…
2Cases cited6 opinions
- The DelawareSupreme Court of the United States · 1872
- Pollard v. VintonSupreme Court of the United States · 1882
- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
- The Lady FranklinSupreme Court of the United States · 1869
- Allegro v. LeberDistrict Court, E.D. New York · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Strohmeyer & Arpe Co. v. American Line S. S. Corp.Court of Appeals for the Second Circuit · 1938
- Donaldson v. Severn River Glass Sand Co.District Court, E.D. Pennsylvania · 1905
- SeefahrerDistrict Court, N.D. California · 1904
- The La KromaDistrict Court, E.D. Pennsylvania · 1905