Legal Opinion
The Malcolm Baxter, Jr.
Supreme Court of the United States
Decided May 28, 1928No. 459PublishedCited by 87 opinions
1Opinion of the CourtJustice Stone
Petitioners, in July, 1917, shipped a cargo on the Schooner Malcolm Baxter, Jr., owned by respondent, from New Orleans to Bordeaux, and prepaid the freight. The bill of lading stipulated “ prepaid freight is to be considered as earned on shipment of goods and is to be retained by vessel’s owner ... if there be forced interruption or abandonment of the voyage, at a port of distress or elsewhere.” In addition there was the usual clause exempting the vessel from “restraints of princes, rulers and peoples.”
After departure from New Orleans the Baxter developed leaks due to unseaworthiness which…
2Cases cited22 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- The CaledoniaSupreme Court of the United States · 1895
- Federal Trade Commission v. Pacific States Paper Trade Ass'nSupreme Court of the United States · 1927
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
17 more not listed; retrieve them via the Exa API.
3Cited by87 opinions
- Brady v. Southern Railway Co.Supreme Court of the United States · 1944
- Schnell v. the VallescuraSupreme Court of the United States · 1934
- Lloyd Sabaudo Societa Anonima Per Azioni v. EltingSupreme Court of the United States · 1932
- Transatlantic Financing Corporation v. United StatesCourt of Appeals for the D.C. Circuit · 1966
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
82 more not listed; retrieve them via the Exa API.