Blowers v. One Wire Rope Cable
District Court, S.D. New York
The libel in this case was filed by the owner of the barge E. M. Greeninan, to recover freight under an agreement for the transportation of some 15 miles of wire rope cable from the city of New York, to bo laid in the Erie canal.
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The libel in this case was filed by the owner of the barge E. M. Greeninan, to recover freight under an agreement for the transportation of some 15 miles of wire rope cable from the city of New York, to bo laid in the Erie canal. The charter was executed on September 10, 1880, between the New York Steam Cable Company and the libelant, whereby the latter agreed “to furnish the canal-boat E. M. Greeninan, of Buffalo, for the purpose of taking on board and laying in the Erie canal a quantity of cabio of the parties of the second part, the boat to be maintained in good condition and sufficiently…
1Opinion of the CourtBrown, J.
It is claimed that no lien could attach under the charter in this case, because the provision that the freight was not to be due until the vessel had performed her contract, 'that is, until the cable had been iaid in the Erie canal, shows that no lien on the cable was contemplated, and that none could have been enforced by action if the freight or hire of the barge had not been paid according to contract as soon as the cable had been laid. It is undoubtedly true that where the express stipulations as to payment of freight are incompatible with a claim upon the cargo, the lien will be deemed…
2Cases cited10 opinions
- Vandewater v. MillsSupreme Court of the United States · 1857
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- The EddySupreme Court of the United States · 1867
- The Bird of ParadiseSupreme Court of the United States · 1867
- Bulkley v. Naumkeag Steam Cotton Co.Supreme Court of the United States · 1860
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3Cited by3 opinions
- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- In Re Bauer Steamship CorporationDistrict Court, S.D. New York · 1957
- The EsromDistrict Court, E.D. New York · 1919