McKINLAY v. MORRISH
Supreme Court of the United States
This was an appeal from the Cireuit Court of the United States for the districts cf California, sitting íd admiralty. • The libel was filed in the District Court for the northern district of California, which after hearing .dismissed the libel; and upon appeal to the Circuit Court, the decree was affirmed. The libellants then brought the case to this court.
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This was an appeal from the Cireuit Court of the United States for the districts cf California, sitting íd admiralty. • The libel was filed in the District Court for the northern district of California, which after hearing .dismissed the libel; and upon appeal to the Circuit Court, the decree was affirmed. The libellants then brought the case to this court. The facts of the case are stated in the opinion of the court. ■ The counsel for the appellants contended that the injury did npt proceed from the gále occuri’ing shortly after the ship left Liverpool, nor by the heavy weather on the…
1Opinion of the CourtJustice Wayne
This is the ease of a foreign vessel having'been libelled in a port of the United States when about to leave it;' her master having refused to pay for the damage said to have been sustained on a shipment of soap, made at Liverpool, to be carried to San Erancisco,. California, via Honolulu. The shipment' was made by Matthew Steele & Son. It was said in the bill of lading to be in good order and condition, and the undertaking was to deliver it so to Messrs. McKinlay, Garriock, & Co., or to their assigns.
The consignees libelled the ship, alleging that, though they' were always willing to receive…
2Cases cited1 opinion
- Houseman v. Cargo of the Schooner North CarolinaSupreme Court of the United States · 1841
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- Prevor-Mayorsohn Caribbean, Inc. v. Puerto Rico Marine Management, Inc.Court of Appeals for the First Circuit · 1980
- The Nichiyo MaruCourt of Appeals for the Fourth Circuit · 1937
- The Reichert LineCourt of Appeals for the Second Circuit · 1933
- The WildenfelsCourt of Appeals for the Second Circuit · 1908
- Norfolk & Western Railroad v. Houchins' Adm' rSupreme Court of Virginia · 1897
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