Knox v. The Ninetta
District Court, E.D. Pennsylvania
This was a libel for damages arising from breach of contract. The libel alleged that in October, 1842, the libellant [Thomas P. Knox] shipped on board the Ninetta, then in the Rappahannock, in the state of Virginia, upwards of four thousand bushels of wheat, consigned to one Sout-ter, in Philadelphia, on which freight was to be paid at the rate of four cents per bushel, and that in consideration thereof, Baymore, the master of the Ninetta, agreed to take no other cargo, and…
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This was a libel for damages arising from breach of contract. The libel alleged that in October, 1842, the libellant [Thomas P. Knox] shipped on board the Ninetta, then in the Rappahannock, in the state of Virginia, upwards of four thousand bushels of wheat, consigned to one Sout-ter, in Philadelphia, on which freight was to be paid at the rate of four cents per bushel, and that in consideration thereof, Baymore, the master of the Ninetta, agreed to take no other cargo, and to make the voyage to Philadelphia directly and without deviation; but that the said Baymore, in violation of the said…
1Opinion of the Court
On the 19th of January, 1S44,
RANDALL, District Judge,
delivered the following opinion on the question of jurisdiction.
This is a libel for the damage suffered by an invoice of wheat, consisting of over four thousand bushels, shipped by the libellant on board the Ninetta, in October, 1842, and consigned to Philadelphia; this shipment being made under an agreement that no other freight should be taken, and- that the voyage to Philadelphia should be made without deviation. The master of the Ninetta deviated from his course, however, and took additional cargo, and the wheat was damaged on the…
2Cases cited1 opinion
- Moss v. SheldonSupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- The SarniaCourt of Appeals for the Second Circuit · 1921