The Lady Franklin
Supreme Court of the United States
Appeal from the Circuit Court for the Northern Distl’iet of Illinois, in which court King & Co. had libelled the propeller Lady Franklin, for non-delivery of certain flour.
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Appeal from the Circuit Court for the Northern Distl’iet of Illinois, in which court King & Co. had libelled the propeller Lady Franklin, for non-delivery of certain flour. The libel alleged, that the libelíaq-ts, in the month of November, 1863, by their agent, Edward Sanderson, delivered at Milwaukee, to the steamer Lady Franklin, 340 barrels of flour, to be transported to Port Sarnia, on the St. Clair Piver, for which shipment they received a bill of "lading, but that 290 barrels of the flour were never delivei’ed. As a consequence, they claim, a maritime lien on the vessel for the value of…
1Opinion of the CourtJustice Davis
The attempt made in the prosecution of this libel, to charge this vessel for the non-delivery of a cargo, which she never received, and, therefore, could not deliver, because of a false bill of lading, cannot bo successful, and we are somewhat surprised that the point is pressed here.
Courtenay was a warehouseman in Milwaukee, and, although he acted as agent for the different steamers of the Grand Trunk-line, he did not receive the flour to be sent by one particular steamer in preference to another. His engagement had this meaning, and nothing more : to forward the flopr with all practicable…
2Cited by43 opinions
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- Friedlander v. Texas & Pacific Railway Co.Supreme Court of the United States · 1889
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Missouri Pacific Railway Co. v. McFaddenSupreme Court of the United States · 1894
- E.A.S.T., Inc. Of Stamford, Connecticut v. M/v Alaia, Advance Co., Inc., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1989
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