Taylor v. Brigham
U.S. Circuit Court for the Southern District of Georgia
Heard on motion for new trial. On February 4, 1856, the steamer Charles Hartridge, when passing úp the Ocmulgee river, found a lot of cotton, the property of plaintiff [Charles E. Taylor], at Nest-Egg landing, which had been left there for transportation down the river to Savannah. The captain took the cotton aboard, with the purpose of carrying it to Savannah, and proceeded up the river on his trip.
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Heard on motion for new trial. On February 4, 1856, the steamer Charles Hartridge, when passing úp the Ocmulgee river, found a lot of cotton, the property of plaintiff [Charles E. Taylor], at Nest-Egg landing, which had been left there for transportation down the river to Savannah. The captain took the cotton aboard, with the purpose of carrying it to Savannah, and proceeded up the river on his trip. His object in not waiting until he came back to Nest-Egg landing from his trip up the river, and then taking the cotton on board, was to forestall any other boat, and make sure of the freight. He…
1Opinion of the Court
WOODS, Circuit Judge.
The first ground of the motion is not well taken. By express act of congress, the practice, pleadings and forms and modes of proceeding in civil causes other than equity and admiralty causes, in the circuit and district courts shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record in the state within which such circuit or district courts are held. 17 Stat. 190. In a suit brought in trover by other parties against these same defendants to recover for cotton lost in the same…
2Cases cited3 opinions
- Phillips v. Brigham, Kelly & Co.Supreme Court of Georgia · 1859
- Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Hazard v. IsraelSupreme Court of Pennsylvania · 1808
3Cited by3 opinions
- Castro v. De UriarteDistrict Court, S.D. New York · 1882
- The State of MissouriCourt of Appeals for the Seventh Circuit · 1896
- The AlbanyDistrict Court, E.D. Michigan · 1890