Bradstreet v. Heran
District Court, S.D. New York
In admiralty. This was a libel in per-sonam, by John A. Bradstreet, master of tbe bark Lowell, against David Heran and others, members of the firm of Heran, Lees & Co., to recover a balance of freight due.
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In admiralty. This was a libel in per-sonam, by John A. Bradstreet, master of tbe bark Lowell, against David Heran and others, members of the firm of Heran, Lees & Co., to recover a balance of freight due. The libel showed that the libellant took on board the Lowell, at the port of New Orleans, 507 bales of cotton, consigned to the defendants at this port, and that the cotton was brought hither and duly delivered to the respondent; and the libel claimed a balance of $1,756.02, freight due. The bill of lading was in the following terms: “Shipped in good order and well conditioned, by M. D.…
1Opinion of the Court
BETTS, District Judge.
Two objections in bar of this action were relied upon by the defendants. First, that the cotton was not delivered at the port of New York, in fulfillment of the shipping contract. Second, that the cotton, when delivered, was not in good order and well conditioned.
The vessel arrived in the port of New York during the latter part of July, and under tbe laws of the state was subject to quarantine at Staten Island. The cotton was there discharged on board of lighters employed by the respondents, and was taken to Brooklyn, where it was received and stored by them. It was not…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Allister v. ReabNew York Supreme Court · 1830
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
3Cited by4 opinions
- McNeal v. BraunSupreme Court of New Jersey · 1891
- Devato v. Eight Hundred & Twenty-Three Barrels of PlumbagoDistrict Court, S.D. New York · 1884
- Reed Oil Co. v. SmithSupreme Court of Georgia · 1922
- Moran v. The Ciampa EmiliaDistrict Court, S.D. New York · 1889