Legal Opinion

United States v. Wilder

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1838PublishedCited by 16 opinions

Trover for certain slop clothing. The parties agreed to the following statement of facts: “In this case it is agreed, that the schooner Jasper, from Boston' to New York, went ashore on Block Island. Much expense was incurred in saving the goods, which is to be averaged by way of general average.

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Trover for certain slop clothing. The parties agreed to the following statement of facts: “In this case it is agreed, that the schooner Jasper, from Boston' to New York, went ashore on Block Island. Much expense was incurred in saving the goods, which is to be averaged by way of general average. Among the property on board, there were about one hundred bales of slop clothing belonging to the United States, invoiced at $7,320. The goods being brought back to Boston, the owners of the vessel make out an average bond for the freighters to sign. The store-keeper of the United States (by whom the…

1Opinion of the Court

STORY, Circuit Justice.

The sole question, in the present case, is, whether there exists a right of lien for the general average due on the goods (slop clothing), belonging to the United States, under the circumstances stated by the parties. There is no dispute, that there has been a general average in this case, towards which all the goods on board, and among others the slop clothing of the United *602States, are to contribute. There is as little doubt, that, for such general average there does exist, on the part of the master and owners of the schooner Jasper, a right of lien against all the…

2Cited by16 opinions

  1. The PesaroDistrict Court, S.D. New York · 1921
  2. Long v. The TampicoDistrict Court, S.D. New York · 1883
  3. Prudential Steamship Corporation, Libellant-Appellant v. United States of America, States Marine Corporation of Delaware v. United StatesCourt of Appeals for the Second Circuit · 1955
  4. United States of Mexico v. RaskCalifornia Court of Appeal · 1931
  5. Middlebrooks v. Springfield Fire Insurance Co.Supreme Court of Connecticut · 1841

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