Legal Opinion

Choate v. Crowninshield

U.S. Circuit Court for the District of Massachusetts

Decided October 15, 1868PublishedCited by 1 opinion

Appeal from bhe district court of the United States for the district of Massachusetts.] In admiralty. Libellants [Daniel L. Choate and others] were the owners of the ship Sciota, and they instituted this suit against the respondent [Francis B. Crowninshield] in the district court [case unreported] to recover the balance of the freight alleged to be due to them on seven hundred and seventy-two bales of cotton which they transported in that ship from New Orleans to Boston,,…

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Appeal from bhe district court of the United States for the district of Massachusetts.] In admiralty. Libellants [Daniel L. Choate and others] were the owners of the ship Sciota, and they instituted this suit against the respondent [Francis B. Crowninshield] in the district court [case unreported] to recover the balance of the freight alleged to be due to them on seven hundred and seventy-two bales of cotton which they transported in that ship from New Orleans to Boston,, and there delivered to the respondent, as the consignee of the goods. The description of the goods and the terms of the…

1Opinion of the Court

CLIFFORD. Circuit Justice.

Exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction is conferred upon the district courts by the ninth section of the judiciary act; but the first section of the act of the 3d of March, 1821, provides that in all suits and actions in any district court in which it shall appear that *647the judge of such court has been of counsel for either party, said suit or action may be certified to the next circuit court of the district. 1 Stat. 76; 3 Stat. 643.

Jurisdiction of the suit in this case is derived from that provision, the same having…

2Cases cited2 opinions

  1. Barrett v. RogersMassachusetts Supreme Judicial Court · 1811
  2. O'Brien v. GilchristSupreme Judicial Court of Maine · 1852

3Cited by1 opinion

  1. Wolff v. VaderlandDistrict Court, S.D. New York · 1883

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