Kelly v. Johnson
U.S. Circuit Court for the District of Pennsylvania
Exception to the report of referees. The ease was, that Warder, of this city, on the 24th of December, 1807, shipped on board of a vessel belonging to the defendants [Johnson & M’Kean], a quantity of flaxseed, to be carried to the plaintiff in Ireland; and the day after, and before the vessel had broke ground, notice of the embargo was received at Philadelphia.
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Exception to the report of referees. The ease was, that Warder, of this city, on the 24th of December, 1807, shipped on board of a vessel belonging to the defendants [Johnson & M’Kean], a quantity of flaxseed, to be carried to the plaintiff in Ireland; and the day after, and before the vessel had broke ground, notice of the embargo was received at Philadelphia. In consequence of this, the captain refused to sign bills of lading, but gave a receipt for the cargo, promising to sign bills of lading as soon as he should be permitted to proceed on the voyage. Things remained in this situation,…
1Opinion of the Court
WASHINGTON, Circuit Justice.
If regular bills of lading had been signed, and no law had afterwards passed to affect the contract of affreightment, it is admitted, that the defendants were bound to carry the goods, as soon as the embargo was removed. But, it is said, that the refusal of the captain to sign bills of lading and the nature of his receipt, made everything exec-utory, and varies this from most other eases. We think quite otherwise. The meaning of the receipt is plainly this, that as the embargo operated, for the present, to interrupt the voyage, and to suspend the effect of a bill…
2Cited by1 opinion
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