The Grafton
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.] Heran, Lees & Co., of New-York, filed a libel in rem, in the district court, against the ship Grafton, to recover the loss on one hundred and sixty-two bales of hemp, alleged to have been damaged by rain while being discharged from the vessel and through the fault of those having the management of her. The cause was heard in the district court upon proofs taken on both sides.
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[Appeal from the district court of the United States for the Southern district of New York.] Heran, Lees & Co., of New-York, filed a libel in rem, in the district court, against the ship Grafton, to recover the loss on one hundred and sixty-two bales of hemp, alleged to have been damaged by rain while being discharged from the vessel and through the fault of those having the management of her. The cause was heard in the district court upon proofs taken on both sides. The facts as found by the court were these: The ship took on freight, at New Orleans, two hundred and sixty-seven bales of…
1Opinion of the Court
NELSON, Circuit Justice.
This case involves two questions of fact: First, wheth*907er the consignees oí the ship agreed with the respondents to suspend any further discharge of hemp from.the ship beyond the amount which had been discharged before noon. On the part of the libellants it is insisted, that the proofs establish the agreement, and on the part of the claimant that the proofs fall short of this. Most of the damage was done to the hemp which was discharged after one o’clock, it having been drenched by a shower between three and four o’clock p. m. The second question relates to the quantity…
2Cited by15 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- American President Lines, Ltd. v. Federal Maritime Board (Now Federal Maritime Commission) and United States of AmericaCourt of Appeals for the D.C. Circuit · 1962
- Gilchrist v. EustromCourt of Appeals for the Eighth Circuit · 1895
- Boston & Philadelphia S. S. Co. v. ScottU.S. Circuit Court for the District of Massachusetts · 1891
- McAndrew v. . Whitlock, Jr.New York Court of Appeals · 1873
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