Hewlett v. Burrell
Court of Appeals for the Second Circuit
Appeal from the District 'Court of the United States for the Southern District of New York. This is an appeal from a decree in favor of libelants awarding damages for failure of respondents, owners of the steamer Strathallan, to deliver cargo laden on board said steamer at the usual and customary place in New York. The great bulk of the cargo was tea.
1Opinion of the Court
PEE CURIAM.
In The Mascotte, 2 C. C. A. 400, 51 Fed. 606, this court held that, although the evidence was ample that the customary place of delivery in the port of New York for tea cargoes in bulk is within the certain specified part of the water front, no such usage applied where the tea was but a minor part of a general cargo. The evidence in the case at bar is sufficient to prove the usage, as it was in the former case. Eespondents fail to show that the custom has been abandoned or has changed. The circumstance that ships with general cargo (tea a minor part) have in the past few years gone…
2Cases cited1 opinion
- Carter v. The MascotteCourt of Appeals for the Second Circuit · 1892
3Cited by2 opinions
- Tan Hi v. United StatesDistrict Court, N.D. California · 1950
- United States Shipping Board Emergency Fleet Corp. v. LevensalerDistrict Court, District of Columbia · 1923