The Saturnus
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Midland Linseed Products Company against the steamship Saturnus; the Koninklije Nederlandsche Stoomboot Maatschappji, claimant. Decree for claimant, and libelant appeals. The libel alleges that the Midland Company sold to certain persons a large quantity of oil cake, deliveries to extend over several months.
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Appeal from the District Court of the United States for the Southern District of New York. Suit in admiralty by the Midland Linseed Products Company against the steamship Saturnus; the Koninklije Nederlandsche Stoomboot Maatschappji, claimant. Decree for claimant, and libelant appeals. The libel alleges that the Midland Company sold to certain persons a large quantity of oil cake, deliveries to extend over several months. The cake was to he put on shipboard at New York, and the purchasers agreed in writing to pay for it against hills of lading, to give three weeks’ notice of readiness of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). This is not an action for breach of charter, nor to enforce a maritime lien arising upon such breach, for these libelants never chartered. Benevolently reading the libel and exhibits, the most favorable statement of libel-ant’s legal position is that the Saturnus was offered in fulfillment of a nonmaritime contract for the sale of oil cake, of which her owners presumptively had knowledge. By that-contract Midland Company had agreed to furnish a cargo for a ship which turned out to be the Satur-nus and to furnish a cargo within the time limited in a…
2Cases cited20 opinions
- Crossman v. BurrillSupreme Court of the United States · 1900
- The Monte A.District Court, S.D. New York · 1882
- Scott v. Ira ChaffeeDistrict Court, E.D. Michigan · 1880
- Davis v. Smokeless Fuel Co.Court of Appeals for the Second Circuit · 1912
- The S. L. WatsonCourt of Appeals for the First Circuit · 1902
15 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Rainbow Line, Inc. v. M/v Tequila (Ex Linglee), Her Engines, Tackle, Boiler, Equipment, Etc. Empire Commercial Corporation, Claimant-AppellantCourt of Appeals for the Second Circuit · 1973
- Krauss Bros. Lumber v. Dimon Steamship Corp.Supreme Court of the United States · 1933
- The PoznanDistrict Court, S.D. New York · 1921
- Beverly Hills National Bank & Trust Co. v. Compania De Navegacione Almirante S.A., PanamaCourt of Appeals for the Ninth Circuit · 1971
- The TraderDistrict Court, E.D. South Carolina · 1926
35 more not listed; retrieve them via the Exa API.