Bradstreet v. Heran
U.S. Circuit Court for the District of Southern New York
In admiralty. John A. Bradstreet, master of the bark Lowell, filed a libel in personam in the district court, against Heran, Lees & Co., of New York, to recover a balance due him for freight on five hundred and seven bales of cotton shipped by that vessel from New Orleans to New York, and consigned to the respondents.
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In admiralty. John A. Bradstreet, master of the bark Lowell, filed a libel in personam in the district court, against Heran, Lees & Co., of New York, to recover a balance due him for freight on five hundred and seven bales of cotton shipped by that vessel from New Orleans to New York, and consigned to the respondents. The libellant had signed a bill of lading for the cotton on its shipment, which admitted that it was received ■on board the vessel at New Orleans “in good •order and well-conditioned,” and stipulated that it should be delivered “in the like good order and condition at the port…
1Opinion of the Court
NELSON, Circuit Justice.
It is admitted that the words, “in good order and well-conditioned,” in the bill of lading, have reference to the external condition of the cotton, importing that it was in good shipping condition at the time it was received on board of the vessel, but not referring to or warranting the internal quality or condition of the cotton in the bales. The question, therefore, is, whether the damage sustained by the cotton arose from defects in the bagging of the bales or the manner of securing them from external injuries while being transported, or existed in the shape of…
2Cited by14 opinions
- Higgins v. Anglo-Algerian S. S. Co.Court of Appeals for the Second Circuit · 1918
- The CarsoDistrict Court, S.D. New York · 1930
- The DondoDistrict Court, S.D. New York · 1921
- Elgie & Co. v. S. S. "S. A. NEDERBURG"Court of Appeals for the Second Circuit · 1979
- The T. A. GoddardDistrict Court, S.D. New York · 1882
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