The Good Hope
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by the Chelsea Fiber Mills, Robert Balfour and others, and Henry P. Winter and others, respectively, against the steamship Good Hope, Edward R. Norton and others, claimants. Decree for libelants, and claimants appeal. These causes come here upon appeals by the claimants from decrees in admiralty, in favor of the libelants in the above three suits.
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Appeals from the District Court of the United States for the Southern District of New York. Suits in admiralty by the Chelsea Fiber Mills, Robert Balfour and others, and Henry P. Winter and others, respectively, against the steamship Good Hope, Edward R. Norton and others, claimants. Decree for libelants, and claimants appeal. These causes come here upon appeals by the claimants from decrees in admiralty, in favor of the libelants in the above three suits. The libels were filed to recover for alleged shortage and damage to consignments of jute in bales, carried on the Good Hope from Calcutta…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). [1] Manifestly the damage was caused by “heat” or “heating.” The district judge so finds, and we agree with him. Those two words are synonymous as used in the bills of lading. The heating caused the decay, and was itself caused by the presence of moisture. That proposition is seemingly not disputed, but claimants insist that it was due to “the inherently moist condition of the jute when it was loaded on the Good Hope at Calcutta.”
The libel asserted that the Good Hope was not seaworthy for the purpose of carrying these shipments on the theory that the…
2Cases cited5 opinions
- The FolminaSupreme Court of the United States · 1909
- The PatriaCourt of Appeals for the Second Circuit · 1904
- The St. QuentinCourt of Appeals for the Second Circuit · 1908
- The BaralongCourt of Appeals for the Second Circuit · 1909
- The FolminaCourt of Appeals for the Second Circuit · 1907
3Cited by6 opinions
- The ArpillaoCourt of Appeals for the Second Circuit · 1920
- Monnier v. United StatesDistrict Court, E.D. New York · 1925
- The Dolbadarn CastleCourt of Appeals for the Ninth Circuit · 1915
- The GlenlochyDistrict Court, D. Oregon · 1915
- Rhodes v. United StatesDistrict Court, E.D. New York · 1934
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