Pope v. Nickerson
U.S. Circuit Court for the District of Massachusetts
Assumpsit. The parties agreed upon the following statement of facts: “This is an action of assumpsit on four bills of lading, signed by the master of the schooner Annawan, belonging to the defendants [Thomas Nickerson and others] for a cargo of fruit and wine, shipped on board of her at Malaga, and consigned to the plaintiffs [Daniel Pope and others] at Philadelphia.
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Assumpsit. The parties agreed upon the following statement of facts: “This is an action of assumpsit on four bills of lading, signed by the master of the schooner Annawan, belonging to the defendants [Thomas Nickerson and others] for a cargo of fruit and wine, shipped on board of her at Malaga, and consigned to the plaintiffs [Daniel Pope and others] at Philadelphia. The vessel, being seaworthy, sailed from Malaga on the 10th of October, 1S40, and having experienced severe weather, by which she sustained damage on the 28th of November, the master decided, for the preservation of the vessel…
1Opinion of the Court
STORY, Circuit Justice.
This case has been argued with great care, ability, and bearing by the counsel on each side, and all the appropriate topics have been by them brought under discussion, and indeed exhausted. In the views, which I have taken of the present case, I shall not deem it necessary to consider some of the points suggested at the bar; but shall content myself with an exposition of those, Which in my judgment constitute the main grounds upon which the case must be determined.. The first point, which meets us at the threshold of the case,, is as to the nature and extent of the…
2Cases cited3 opinions
- Malpica v. McKownSupreme Court of Louisiana · 1830
- Appleton v. CrowninshieldMassachusetts Supreme Judicial Court · 1811
- Appleton v. CrowninshieldMassachusetts Supreme Judicial Court · 1807
3Cited by25 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- King v. . SarriaNew York Court of Appeals · 1877
- Swedish-American National Bank v. First National BankSupreme Court of Minnesota · 1903
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