Pacific Coast S. S. Co. v. Bancroft-Whitney Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern District of California. This is a libel in rem, by shippers of goods shipped on board the steamer Queen of the Pacific, belonging to the claimants herein, to. recover damages for breach of contract of affreightment. There were a large number of libels filed, -which, being of the same nature, were consolidated.
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Appeal from the District Court of the United States for the Northern District of California. This is a libel in rem, by shippers of goods shipped on board the steamer Queen of the Pacific, belonging to the claimants herein, to. recover damages for breach of contract of affreightment. There were a large number of libels filed, -which, being of the same nature, were consolidated. The respective proctors agreed to select two cases — those of the Bancroft-Whitnoy Company and Heilman, Haas & Co. — for trial, as it was believed they would fairly pi*e-sent all the questions of law and fact that…
1Opinion of the CourtHawley, District Judge
(alter stating the facts). The libel of each libelant is in rem against the steamer Queen of the Pacific, owned by the claimant, to recover damages for a breach of contract of af-freightment, for the safe delivery of certain merchandise, in apparent, good order and condition, at the port of San Diego. There are two libels, but in the discussion we shall mainly refer to but one, and the Queen of the Pacific will be mentioned as the “Queen.” By a reference to the pleadings, it will be observed that there are numerous preliminary questions as to the right of the libelant to recover. These will…
2Cases cited44 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- The CaledoniaSupreme Court of the United States · 1895
- In Re ChetwoodSupreme Court of the United States · 1897
39 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
- Goldstein v. United StatesCourt of Appeals for the Eighth Circuit · 1933
- Standard Oil Co. v. StateTennessee Supreme Court · 1906
- Fisher v. Travelers' Insurance Co.Tennessee Supreme Court · 1911
- Olmstead v. United StatesCourt of Appeals for the Ninth Circuit · 1927
51 more not listed; retrieve them via the Exa API.