Queen of the Pacific
Supreme Court of the United States
OEKTIOEABI TO THE OIECÜIT COUET OF APPEALS FOE THE NINTH OIBOUIT. This was a joint libel by the Bancroft-Whitney Company, a California corporation, and the firm of Heilman, Haas & Company against the steamship, Queen of the Pacific, owned by the Pacific Coast Steamship Company, to recover damages to certain miscellaneous merchandise shipped' April 29, 1888, at San Francisco, to consignees at San Pedro in the State of California.
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OEKTIOEABI TO THE OIECÜIT COUET OF APPEALS FOE THE NINTH OIBOUIT. This was a joint libel by the Bancroft-Whitney Company, a California corporation, and the firm of Heilman, Haas & Company against the steamship, Queen of the Pacific, owned by the Pacific Coast Steamship Company, to recover damages to certain miscellaneous merchandise shipped' April 29, 1888, at San Francisco, to consignees at San Pedro in the State of California. The contracts of affreightment were evidenced by bills of lading in the usual form and with the usual exception of perils of the sea, and amongst others with the…
1Opinion of the CourtJustice Beown
The Court of Appeals in its opinion dwelt upon several propositions arising upon the pleadings and evidence, but in the view we have taken of the case we shall find it necessary to discuss but one, which is, in substance, that the libellants did not, as required by the bill of lading, present to the company their claims for damage to the merchandise within thirty days from the date of the bills of lading, April 27 and 28, 1888. There is no pretence of a compliance with this condition. Two answers are made to this defence: First,.that the limitation applies only to claims against the steamship…
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