Carter v. The Mascotte
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Libel by Carter and others against the steamship Mascotte for breach of contract by bill of lading. The cause was tried below together with another libel by the same parties for damage to cargo. Decree for libelants. 48 Fed. Rep. 119. The claimants of the vessel appeal.
1Opinion of the Court
Wallace, Circuit Judge.
This is a libel for breach of contract by bill of lading, whereby the steamship undertook to transport certain teas from Amoy, China, and deliver them at the port of New York. The specific breach charged is that, “ by the usual and well-known custom of the tea trade in the city of New York, teas arriving from the port in said bill of lading mentioned are to be, and always are, delivered in a certain and customary district, ” viz., within the tea district, on the New York side of the East river, whereas the steamship discharged the teas at another place within the port,…
2Cases cited1 opinion
- Vose v. AllenU.S. Circuit Court for the District of Southern New York · 1855
3Cited by1 opinion
- Hewlett v. BurrellCourt of Appeals for the Second Circuit · 1900