Legal Opinion

The Reeside

U.S. Circuit Court for the District of Massachusetts

Decided May 15, 1837PublishedCited by 37 opinions

[Appeal from the district court of the United States for the district of Massachusetts.] Libel on a bill of lading in rein for damages done to certain goods shipped on a voyage from New York to Boston. There was a special claim and answer; and the decree of the district court was in favor of the libel-lants [case unreported]; from which the claimants [Gilman Stanley and another] appealed to the circuit court.

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[Appeal from the district court of the United States for the district of Massachusetts.] Libel on a bill of lading in rein for damages done to certain goods shipped on a voyage from New York to Boston. There was a special claim and answer; and the decree of the district court was in favor of the libel-lants [case unreported]; from which the claimants [Gilman Stanley and another] appealed to the circuit court. The libel in substance stated, that the goods in question, nine bales of carpeting and one box of binding, were shipped in good order and condition on the 15th of August, 1836, on board…

1Opinion of the Court

STORY, Circuit Justice.

I own myself no friend to the almost indiscriminate habit of late years, of setting up particular usages or customs in almost all kinds of business and trade, to control, vary, or annul the general liabilities of parties under the common law', us well as under the commercial law. it has long appeared to me, that there is no small danger in admitting such loose and inconclusive usages and customs, often unknown to particular parties, and always liable to great misunderstandings and misinterpretations and abuses, to outweigh the well-known and well-settled principles of…

2Cases cited1 opinion

  1. Elliott v. RossellNew York Supreme Court · 1813

3Cited by37 opinions

  1. Compania De Navegacion Interior, S. A. v. Fireman's Fund InsuranceSupreme Court of the United States · 1928
  2. Barlow v. LambertSupreme Court of Alabama · 1856
  3. Regents of the University System v. BlantonCourt of Appeals of Georgia · 1934
  4. McArthur v. SearsNew York Supreme Court · 1839
  5. The TitaniaDistrict Court, S.D. New York · 1883

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