The Tan Bark Case
District Court, E.D. Michigan
Libel for freight. The libel averred that, in December. 1864. John Becker, as master of the schooner John Thursby, received on board of the schooner, at Goderich, 112% cords of tan bark, to be carried to Detroit; that it was then very late in the season, and cold weather coming on suddenly, the schooner was frozen in and compeUed to lie up at Goderich for the winter.
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Libel for freight. The libel averred that, in December. 1864. John Becker, as master of the schooner John Thursby, received on board of the schooner, at Goderich, 112% cords of tan bark, to be carried to Detroit; that it was then very late in the season, and cold weather coming on suddenly, the schooner was frozen in and compeUed to lie up at Goderich for the winter. That in the month of April following the schooner completed her voyage, and discharged her cargo at the dock of Jewell & Sons, at Detroit, with the understanding that they had bought the same, and would pay the freight thereon.…
1Opinion of the Court
WILKINS, District Judge.
I think it established by a preponderance of testimony that the master delivered the bark to Jewell -& Sons without demanding freight or notifying them .of his lien. It is true that $38 was paid by them to Capt Becker, while the cargo was being unloaded, but it was charged not to the master but to the shipper, Mr. Paul, and was allowed by him on his settlement with Jewell & Sons. The fact that the shipper was then in Detroit, and was present at the unloading of the vessel, taken in connection with the master’s departure for Cleveland, and his failure to return until…
2Cases cited2 opinions
- Bigelow v. HeatonNew York Supreme Court · 1847
- Semler v. Commissioners of EmigrationNew York Court of Common Pleas · 1856