Scott v. Ira Chaffee
District Court, E.D. Michigan
In Admiralty. This was a libel in rem to recover damages for a breach of contract made by the master of the propeller Ira Chaffee to carry a certain boiler from Detroit to Oscoda. The boiler was never actually put on board the propeller, nor delivered to her master, as master, although he received it on behalf of the schooner Louisa, on which it was laden and carried to Oscoda.
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In Admiralty. This was a libel in rem to recover damages for a breach of contract made by the master of the propeller Ira Chaffee to carry a certain boiler from Detroit to Oscoda. The boiler was never actually put on board the propeller, nor delivered to her master, as master, although he received it on behalf of the schooner Louisa, on which it was laden and carried to Oscoda. It seems that the Louisa was caught in the ice and detained, whereby the arrival of the boiler was delayed. The libellant claimed damages for detention.
1Opinion of the Court
Bbown, D. J.
Upon the argument of this case I was satisfied, from the correspondence of the parties, that a legal contract of affreightment had been made, but that nothing had ever been done by the propeller toward its execution. The boiler was never laden upon the propeller, nor delivered to any one having authority to receive it on her behalf. The question of jurisdiction was reserved.
There is an abundance of dicta to the effect that the obligation of the cargo to the ship, and of the ship to the cargo, does not arise until the cargo or some portion of it has been laden on board, or at least…
2Cases cited7 opinions
- Vandewater v. MillsSupreme Court of the United States · 1857
- Schooner Freeman, &C. v. BuckinghamSupreme Court of the United States · 1856
- Bulkley v. Naumkeag Steam Cotton Co.Supreme Court of the United States · 1860
- The KeokukSupreme Court of the United States · 1870
- The PaulineDistrict Court, D. Wisconsin · 1863
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3Cited by25 opinions
- Osaka Shosen Kaisha v. Pacific Export Lumber Co.Supreme Court of the United States · 1923
- Krauss Bros. Lumber v. Dimon Steamship Corp.Supreme Court of the United States · 1933
- The PoznanCourt of Appeals for the Second Circuit · 1925
- The SaturnusCourt of Appeals for the Second Circuit · 1918
- J. K. Armsby Co. v. Actieselskabet Dampskibet IslandCourt of Appeals for the Second Circuit · 1921
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