American Sugar-Repining Co. v. The Euripides
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of Yew York. This is an appeal from a final decree of the district court, Southern district of Yew York, entered December 22, 1894, in favor of libelant, against the Euripides and the claimant for $4,388.85, and against the sureties on her stipulation for value and costs in the sum of $3,750, for loss and damage to a cargo of sugar transported in the Euripides from Cienfuegos to Yew York, in…
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Appeal from the Circuit Court of the United States for the Southern District of Yew York. This is an appeal from a final decree of the district court, Southern district of Yew York, entered December 22, 1894, in favor of libelant, against the Euripides and the claimant for $4,388.85, and against the sureties on her stipulation for value and costs in the sum of $3,750, for loss and damage to a cargo of sugar transported in the Euripides from Cienfuegos to Yew York, in February and March, 1892. The opinion of the district court upon the hearing is reported in 52 Fed. 161, and upon the…
1Opinion of the Court
LACOMBE, Circuit Judge.
The sugar, 18,999 bags, was stowed, part in the between decks, and part in the lower hold; and, upon breaking out cargo in Yew York, it appeared that 2,539 bags were damaged, and 88 were entirely empty. It was manifest that salt water had caused the loss. The ship showed that she had encountered heavy weather, and claimed exemption from responsibility for the loss on the ground that it was caused by a peril of the sea. The district judge found, and we concur with him in such finding, that some of the water which came over her bows during the tempestuous weather she…
2Cited by3 opinions
- United States v. S.S. Lucie SchulteCourt of Appeals for the Second Circuit · 1965
- The SenecaDistrict Court, S.D. New York · 1908
- United States v. Lucie SchulteCourt of Appeals for the Second Circuit · 1965