Carao v. Guimaraes
District Court, E.D. Pennsylvania
Libel by the master of the bark Samuele against Jose de Bessa Guimaraes to recover freight on 800 bales of cork-wood. The bill of lading recited “the weight and quality unknown; not accountable for the cork on deck and bursting of bundles, several of which open for stowage.”
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Libel by the master of the bark Samuele against Jose de Bessa Guimaraes to recover freight on 800 bales of cork-wood. The bill of lading recited “the weight and quality unknown; not accountable for the cork on deck and bursting of bundles, several of which open for stowage.” Despondent defended on the grounds (1) that there was a short delivery; (2) that the cork was injured by being stowed in contact with salt, which formed the balance of the cargo, when, the custom was to separate it from the salt by mats or boards; (3) that the captain had unwarrantably cut open a large number of bales, to…
1Opinion of the Court
Butler, D. J.
The claim is for freight for carrying cork-wood. The defence set up is (1) short delivery; (2) unwarranted cutting of *784bales; and (3) failure to deliver in “good order and condition. No question of law is involved; and very little space need be occupied in discussing the facts.. An analysis of the testimony would require much time and labor, and be of little value. It is sufficient to say that, in the judgment qf the court, neither of the allegations is sustained.
Unless the master and mate have sworn falsely, all the cargo shipped was delivered; and there is nothing to justify a…
2Cited by1 opinion
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