Mercantile Bank of Americas, Inc. v. Flower Lighterage Co.

(after stating the facts as above). In so far as the decree below dismissed the libel against Flower Company, it was right, because there was no proof, nor even attempt to prove, that the Huron was either unseaworthy or negligently handled. On this record there never was any excuse for filing the libel. The correctness of the decree, in so far as it awarded damages against Dock Company, depends on the nature and effect of the suit brought by Flower Company as bailee against appellant, and the subsequent settlement and release.

The suit by carrier as bailee was usual and proper within the most…