The Brooklyn
District Court, S.D. New York
At law. This was a libel filed to recover damages for the loss of about four thousand bushels of oats, and about fifteen hundred bushels of rye, shipped by the libel-lants, Isaac G. Parker and others, as owners thereof, on the 5th of May, 1863, at Fort Miller Bridge, Saratoga county, New York, on board of the canal-boat Ann Maria Nichols, to be transported, by the way of the Champlain canal and the Hudson river, to the city of New York.
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At law. This was a libel filed to recover damages for the loss of about four thousand bushels of oats, and about fifteen hundred bushels of rye, shipped by the libel-lants, Isaac G. Parker and others, as owners thereof, on the 5th of May, 1863, at Fort Miller Bridge, Saratoga county, New York, on board of the canal-boat Ann Maria Nichols, to be transported, by the way of the Champlain canal and the Hudson river, to the city of New York. The canal-boat arrived at West Troy, and entered the river, and was there taken in tow by the steamboat Brooklyn, to be towed to New York. The libel alleged…
1Opinion of the Court
BLATCHFORD, District Judge.
1. An exception is taken to the jurisdiction of the court by the answer, and is urged on the ground that, the towing being done under a contract to tow the canal-boat from one place within the state of New York, to another place in the same state, this court has no jurisdiction to award the damages claimed in this suit. It is contended that, in view of the decision of the supreme court, in Allen v. Newberry, 21 How. [62 U. S.] 244, to the effect that a district court has no jurisdiction over a contract of affreightment of goods between two ports in the same state,…
2Cases cited1 opinion
- The SyracuseU.S. Circuit Court for the District of Southern New York · 1867
3Cited by9 opinions
- Stevens v. the White CitySupreme Court of the United States · 1932
- Hercules, Inc. v. Stevens Shipping Co.Court of Appeals for the Fifth Circuit · 1983
- JenksDistrict Court, N.D. New York · 1893
- The M. J. CummingsDistrict Court, N.D. New York · 1883
- The M. VandercookDistrict Court, D. New Jersey · 1885
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