Hansen v. The M. M. Chase
District Court, S.D. New York
In Admiralty. Libel for non-dolivery of cargo attached under legal process. In August, 1888, P. M. Kane, at Eastport, Die., shipped upon the above-named schooners three lots of sardines, consigned to the libelants in this city, for sale on commission; one lot on board the Trigg on August 9th, and two lots on board the Chase on August 13th and 16th. Bills of lading were delivered to the shipper on the same dates, making the goods deliverable to the libelants at this port.
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In Admiralty. Libel for non-dolivery of cargo attached under legal process. In August, 1888, P. M. Kane, at Eastport, Die., shipped upon the above-named schooners three lots of sardines, consigned to the libelants in this city, for sale on commission; one lot on board the Trigg on August 9th, and two lots on board the Chase on August 13th and 16th. Bills of lading were delivered to the shipper on the same dates, making the goods deliverable to the libelants at this port. Kane, on the same days, respectively, drew upon the libelants against the goods consigned, notified them thereof by letter,…
1Opinion of the Court
Brown, J.,
(after stating the facts as above.) In the case of Stiles v. Davis, 1 Black, 101, the supreme court decided that the carrier was not liable in trover for non-delivery to the true owner of goods attached and taken from the carrier’s possession by the sheriff under process against a third party. The decision did not turn upon the form of the action. The grounds stated in the opinion are that the goods when seized under judicial process are in the custody of the law, and that the plaintiff had mistaken his remedy as to the persons liable. “They should have brought their action,” it is…
2Cases cited8 opinions
- The PennsylvaniaSupreme Court of the United States · 1874
- Bliven Mead v. . Hudson River R.R. Co.New York Court of Appeals · 1867
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
- Ohio & Mississippi Railway Co. v. YoheIndiana Supreme Court · 1875
- Campbell v. . ConnerNew York Court of Appeals · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- The DenaliCourt of Appeals for the Ninth Circuit · 1940
- Universe Tankships, Inc. v. Pyrate Tank Cleaners, Inc.District Court, S.D. New York · 1957
- Pacific Coast Coal Co. v. Alaska S. S. Co.Court of Appeals for the Ninth Circuit · 1940
- Abasi Bros. v. Louisville & N. R.Mississippi Supreme Court · 1917
- Martorana v. Baltimore & Ohio RailroadNew York Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.