The Griffin
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the barque Griffin, to recover the value of 132 boxes of furniture, shipped on board that vessel at the port of New York, consigned to the libellants at Rio Janeiro. The ground of the claim was the non-delivery of the goods.
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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the barque Griffin, to recover the value of 132 boxes of furniture, shipped on board that vessel at the port of New York, consigned to the libellants at Rio Janeiro. The ground of the claim was the non-delivery of the goods. It appeared that the vessel arrived at the port of destination with the goods on board; that they were discharged at the custom-house wharf, and were received into the custom-house, preparatory to inspection and the…
1Opinion of the Court
NELSON, Circuit Justice.
It is insisted on the'part of the claimant, that the goods in question had been delivered to the consignees, in pursuance of the bill of lading, previous to the seizure; and that, in order to invalidate such delivery, and sustain this suit, a judicial condemnation of the goods for the forfeiture was necessary. I need not, however, stop to examine this question. The gravamen of the libel is, the non-delivery of the goods to the consignees, and this view of the case must be established, in order to sustain a recovery.
I have looked into the proofs upon this question, and…
2Cited by3 opinions
- Crawford v. SternbergCourt of Appeals for the Eighth Circuit · 1915
- Elwell v. . SkiddyNew York Court of Appeals · 1879
- Citizens Bank v. TaylorSupreme Court of Georgia · 1929