Howland v. The Henry Hood
District Court, S.D. New York
[This was a libel in rem by Gideon How-land and Gilbert Howland against the bark Henry Hood (William M. Cameron, claimant) for failure to deliver a cargo of brick under the terms and conditions of a bill of lading.]
1Opinion of the Court
BETTS, District Judge.
This action is grounded on a bill of lading signed by the claimant on the shipment of a cargo of fire brick at Liverpool, England, in favor of the libellants. The essential averments of the libel are, that the bricks were shipped in good order, and were not delivered here in conformity to the stipulations of the bill of lading, and damages are demanded to the amount of $918, being $15 per thousand, the supposed difference between these bricks in good order and the condition in which they now are. The bricks were purchased by the libellants, by sample, and were sold again…
2Cases cited3 opinions
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Ackley v. KelloggNew York Supreme Court · 1828
- Young v. SmithCourt of Appeals of Kentucky · 1835