Houge v. Woodruff
District Court, S.D. New York
The bark Elliseff, of which the libelant was master, brought in ballast -about 257 tons of salt from Lisbon to New York, where she arrived on the twenty-sixth of December, 1880. The salt came under a charter-party and bill of lading consigned to Hagemeyer & Bran, wiio entered it in the custom-house and sold it on board to the respondents. The latter had no knowledge of the charter-party or the bill of lading, and took no transfer of either.
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The bark Elliseff, of which the libelant was master, brought in ballast -about 257 tons of salt from Lisbon to New York, where she arrived on the twenty-sixth of December, 1880. The salt came under a charter-party and bill of lading consigned to Hagemeyer & Bran, wiio entered it in the custom-house and sold it on board to the respondents. The latter had no knowledge of the charter-party or the bill of lading, and took no transfer of either. The vessel went to Merchants’ stores on the twenty-seventh of December, obtained a berth on the 28th, and gave respondents notice that the ship would be…
1Opinion of the CourtBrown, J.
As the respondents bought this salt from the consignee,, who had entered it as his own, and took no transfer of the charter-party or bill of lading, and had no knowledge of either, they are not responsible upon any of the provisions of those instruments. 1 Maude & P. Merc. Shipp. 393. The whole evidence, however, makes it clear that upon the purchase of the salt, which was by verbal contract only, they were to receive it from the ship. Their obligations with respect to the discharge are, therefore, only to use reasonable diligence, in conformity with the customs of the port, as in cases of…
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- Fulton v. BlakeDistrict Court, N.D. Illinois · 1873
- Henley v. Brooklyn Ice Co.U.S. Circuit Court for the District of Southern New York · 1878
- The Hyperion's CargoDistrict Court, D. Massachusetts · 1871
- Coombs v. NolanDistrict Court, S.D. New York · 1874
1 more not listed; retrieve them via the Exa API.
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