Braithwaite v. Aikin
North Dakota Supreme Court
PPEAL from district court, Burleigh couuty; Hon. W. H. Winchester, Judge. This action was tried in the territorial district court before Hon. Roderick Rose and a jury. After verdict, but before judgment, North Dakota was admited into the Union. The steamer Eclipse having been lost before the beginning of this action plaintiff’s agency for her owners had terminated, and he could not maintain this action. Ins.
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PPEAL from district court, Burleigh couuty; Hon. W. H. Winchester, Judge. This action was tried in the territorial district court before Hon. Roderick Rose and a jury. After verdict, but before judgment, North Dakota was admited into the Union. The steamer Eclipse having been lost before the beginning of this action plaintiff’s agency for her owners had terminated, and he could not maintain this action. Ins. Co. v. Ruggles, 12 Wheaton, 498. The Eclipse was a general ship — carried other goods than those here involved. In an action for freight of goods carried in a general ship all the owners…
1Opinion of the CourtCorliss, C. J.
In November, 1880, the steamer Eclipse sailed from Bismarck, in the territory of Dakota, on an eventful voyage up the Missouri river, bound for Ft. Buford, Mont., laden with army supplies consigned to the quarter-master at that point. She never reached her destination, but was frozen in about 60 miles from the fort by water and 35 miles from it by land. There has been much litigation connected with this vessel. Some of it has been finally disposed of, (Rea v. Eclipse, 30 N. W. Rep. 159; on appeal, 135 U. S, 599,10 Sup. Ct. Rep. 873;) and some of it awaits final settlement by this court on…
2Cases cited44 opinions
- Benner v. PorterSupreme Court of the United States · 1850
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Barry v. FoylesSupreme Court of the United States · 1828
- Albany & Rensselaer Co. v. LundbergSupreme Court of the United States · 1887
- Eaton v. . AlgerNew York Court of Appeals · 1872
39 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Braithwaite v. AikenNorth Dakota Supreme Court · 1891
- Braithwaite v. AkinNorth Dakota Supreme Court · 1893
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924
- Braithwaite v. JordanNorth Dakota Supreme Court · 1895
- Grammer S. S. Co. v. James Richardson & Sons, Ltd.District Court, W.D. New York · 1929
3 more not listed; retrieve them via the Exa API.