Hawkins v. Davis
Court of Appeals for the Second Circuit
Appeal from tbe District Court of tbe United States for the Southern District of New York. This was a libel by John P. Hawkins against tbe steamboat Hattie Palmer (Charles W. Davis, claimant) to recover damages for the alleged conversion of three barrels of kerosene, one barrel of gasoline, and two cases of copper paint.
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Appeal from tbe District Court of tbe United States for the Southern District of New York. This was a libel by John P. Hawkins against tbe steamboat Hattie Palmer (Charles W. Davis, claimant) to recover damages for the alleged conversion of three barrels of kerosene, one barrel of gasoline, and two cases of copper paint. Tbe Hattie Palmer was a small passenger and freight steamboat plying between New York and New Rochelle, and the articles in question were shipped on her for delivery at City Island. On touching there, no one was on hand to receive the goods or pay the freight, and the goods…
1Opinion of the Court
PEE CURIAM.
The facts of this case are essentially as stated in the ouinion of the district judge. In Ms haste to punish the appellee, the libelant brought his suit before there had been any conversion of the goods by the earner. Robinson v. Austin, 2 Gray, 564; Clark v. Masters, 1 Bosw. 177, 185; One Thousand Two Hundred and Sixty-Five Vitrified Pipes, 14 Blatchf. 274, Fed. Cas. No. 10,536; Everett v. Coffin, 6 Wend. 603; Ang. Carr. § 400. Under the averments of the libel, it may be that at the time when the suit was actually commenced, although not when the libel was verified, there wasa…
2Cases cited5 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Chapman v. Banker & Tradesman Publishing Co.Massachusetts Supreme Judicial Court · 1880
- One Thousand Two Hundred & Sixty-Five Vitrified PipesU.S. Circuit Court for the District of Southern New York · 1877
- Moore v. LyttleNew York Court of Chancery · 1819
- Clark v. MastersThe Superior Court of New York City · 1857
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- Chicago, R. I. & P. Ry. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1911
- The LydiaCourt of Appeals for the Second Circuit · 1924
- Hugh D. MacKenzie Co. v. Lydia S. S. Co.Court of Appeals for the Second Circuit · 1924