The Grafton
District Court, S.D. New York
The following summary of facts and tes-r timony, connected with the comments thereon in the opinion of the court, present the-main points bearing upon the question in-dispute in this cause. The ship Grafton, a general vessel, took a freight at New-Orleans, 267 bales of American hemp, consigned to the libellants at New-York.
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The following summary of facts and tes-r timony, connected with the comments thereon in the opinion of the court, present the-main points bearing upon the question in-dispute in this cause. The ship Grafton, a general vessel, took a freight at New-Orleans, 267 bales of American hemp, consigned to the libellants at New-York. The-vessel was moored at Pike-street dock on the-afternoon of the 6th day of June last, (1844,) and notice was given by her agents, in the-public papers of the next and following days, that she would begin unloading her cargo on .the 7th June. The libellants’ place of…
1Opinion of the Court
BETTS, District Judge.
Upon a careful •consideration of the very extended evidence .and the circumstances of the case, I am satisfied that the unlading of the ship commenced between nine and ten a. m., and continued at a rate of discharge which would •complete the delivery of the hemp on the wharf at about three p. m. Notice was •given at the ship about noon, by the cart-man, that the agents of the ship had agreed with the libellants to stop unlading at that time, and that they would receive no more hemp than was then upon the wharf. Two carts had been put to work by the libellants before…
2Cases cited5 opinions
- Gibson v. CulverNew York Supreme Court · 1837
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Kohn v. PackardSupreme Court of Louisiana · 1832
- Mayell v. PotterNew York Supreme Court · 1801
3Cited by1 opinion
- American President Lines, Ltd. v. Federal Maritime Board (Now Federal Maritime Commission) and United States of AmericaCourt of Appeals for the D.C. Circuit · 1962