Legal Opinion

Higgins v. United States Mail Steamship Co.

U.S. Circuit Court for the District of Southern New York

Decided May 30, 1855PublishedCited by 4 opinions

[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in personam, filed in the district court by the owner of the barque Kanawha, to recover damages for her unreasonable detention at Havana. After a decree in favor of the libellant [Aaron G. Higgins], the respondents appealed to this court.

1Opinion of the Court

NELSON, Circuit Justice.

The Kanawha -was freighted by the respondents with coal from New York to Havana; and it is claimed that, according to the contract of affreightment, the vessel was to be detained not exceeding twelve running days in the discharge of her cargo, whereas she was, in fact, detained some twenty-seven days in addition.

The bill of lading, signed by the master of the Kanawha, the only written contract between the parties, makes no mention of the number of days within which the coal should be discharged. It is in the usual form, and stipulates that it is “to be delivered in…

2Cited by4 opinions

  1. Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
  2. Addicks v. Three Hundred & Fifty-Four Tons Crude KainitDistrict Court, S.D. New York · 1885
  3. Ackerlind v. United StatesUnited States Court of Claims · 1914
  4. Kenyon v. TuckerSupreme Court of Rhode Island · 1891

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