Spreckels v. The Weatherby
District Court, E.D. Pennsylvania
In Admiralty. Petition by libelant for order on respondent to pay over remainder of money left in his hands after deduction of average charges. Answer of respondent, and cross-petition by respondent to restate account.
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In Admiralty. Petition by libelant for order on respondent to pay over remainder of money left in his hands after deduction of average charges. Answer of respondent, and cross-petition by respondent to restate account. A cargo of sugar, shipped by Claus Spreckels on the steam-ship Weatherby, was damaged by collision; and the proceeds of the sale of the cargo, which was sold in Germany, was remitted to the vessel owner in Jfngland on June 15, 1890, and was retained by him until October, 1890, when,, in pursuance of a decree of court, the sum in hand was declared to be $51,-842, which, less a…
1Opinion of the CourtButler, J.
On the question raised by the petition and answer my judgment is with the respondent. On receiving the proceeds of the sugar *735sold it was the respondent’s duty to transmit its value in American money. His failure to do so rendered him liable to suit for the amount with interest for the delay. His liability could neither be increased nor diminished by the subsequent variation in the rate of exchange. The libelant’s entire loss was the detention of the sum he should have received. When it was paid, with interest for the detention, he is made whole. There is nothing in the relation of the parties…
2Cited by1 opinion
- The VerdiDistrict Court, S.D. New York · 1920