Starin's City, R. & H. Transp. Co. v. The Daniel Burns
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by Starin’s City, River & Harbor Transportation Company against the canal boat Daniel Burns, Michael E. Kiley. claimant, to recover for an alleged shortage of cargo. In the district court the libel was dismissed. See 52 Fed. Rep. 159, where the facts are more fully slated in the opinion of the Honorable Judge Brown. Libelant appeals.
1Per curiam
This is an appeal from a final decree of the district court of the southern district of New 'York, dismissing the *606libel, with costs. Libelant sued to recover $539.20, tbe value of a portion of a cargo of oats laden on claimant’s canal boat in tbe harbor of Hew York, and, as libelant claims, not delivered, but converted by tbe master. It is averred in tbe libel that tbe libel-ant put aboard tbe canal boat 8,989 "bushels of oats, and that only 7,640 bushels were delivered. These averments were controverted by the answer, and, upon tbe issue thus raised, the libelant bad the burden of proof.…
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