Baxter v. Leland
District Court, S.D. New York
In admiralty. This was a libel in per-sonam, by Sylvester Baxter and others, owners of the ship Cleone, against Horace Leland and others, to recover freight and pri-mage on a cargo of flour. [Decree for libel-lants.
Read the full summary
In admiralty. This was a libel in per-sonam, by Sylvester Baxter and others, owners of the ship Cleone, against Horace Leland and others, to recover freight and pri-mage on a cargo of flour. [Decree for libel-lants. This was afterwards affirmed by the circuit court in Baxter v. Leland, Case No. 1,125.] The libel showed that the libellants had transported a cargo of 1076 barrels of flour in t'he libellants’ vessel, from New Orleans to New Tort, which were consigned to the respondents at the latter port, and were duly delivered to them there. The libellants demanded 8430.40 freight, and $21.52…
1Opinion of the Court
BETTS, District Judge.
As between the original parties to the shipment, it is competent for them to show, by evidence outside the bill of lading, the actual condition of the flour at the time of shipment, (Howard v. Tucker, 1 Barn. & Adol. 712,) without the aid of this exception; and the reservation by the master, in executing the bill of lading, imposed on the shipper no obligation to give other evidence than the bill of lading itself, that the contents of the casks corresponded with the admissions in it, until affirmative evidence is furnished tending to show a mistake in the receipt in that…
2Cases cited7 opinions
- McArthur v. SearsNew York Supreme Court · 1839
- Powell v. MyersNew York Supreme Court · 1841
- Fairchild v. SlocumNew York Supreme Court · 1838
- Maury v. TalmadgeU.S. Circuit Court for the District of Ohio · 1840
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- The TitaniaDistrict Court, S.D. New York · 1883