Henderson v. Three Hundred Tons of Iron Ore
U.S. Circuit Court for the District of Southern New York
In Admiralty. Libel for freight, and cross-libel for damage in vessel’s refusal to deliver cargo. On April 26, 1882, the steam-ship Scandinavia arrived at this port with some iron ore, stated in the bill of lading to be “300 tons in bulk, to be delivered to the libelant William D. Marvel or assigns; freight being paid by the receiver at the rate of 11 shillings sterling per ton of 20 cwt. delivered, as per margin, with primage accustomed.”
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In Admiralty. Libel for freight, and cross-libel for damage in vessel’s refusal to deliver cargo. On April 26, 1882, the steam-ship Scandinavia arrived at this port with some iron ore, stated in the bill of lading to be “300 tons in bulk, to be delivered to the libelant William D. Marvel or assigns; freight being paid by the receiver at the rate of 11 shillings sterling per ton of 20 cwt. delivered, as per margin, with primage accustomed.” Among the conditions of the bill of lading is “weight unknown.” The discharge of tbe ore from the steamer into a canal-boat sent along-side by the…
1Opinion of the Court
Brown, J.,
([after stating the facts as above.) This controversy has grown out of an attempt of Henderson Bros., in conjunction with the managers of other lines of Mediterranean steamers, to establish a regulation for the provisional payment of freight at their respective offices according to weights named in the bills of lading, before the actual delivery of the goods, leaving the correction of any errors therein to future adjustment, after the weight is ascertained; like the custom-house usage in the provisional and final liquidation of duties. A joint circular to this end was previously…
2Cases cited17 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Langford v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1887
- Cardival v. SmithMassachusetts Supreme Judicial Court · 1872
- Stiles v. Davis & BartonSupreme Court of the United States · 1861
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vanderbilt v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1914
- T. W. Warner Co. v. AndrewsCourt of Appeals for the Second Circuit · 1934
- Artinano v. W. R. Grace & Co.District Court, E.D. Virginia · 1923
- Gulden v. Hijos De Jose Taya S. En C.Court of Appeals for the Second Circuit · 1918
- Lloyd Adriatico Societa Di Navigazione v. Consolidation Coal Co.Court of Appeals for the Fourth Circuit · 1928
1 more not listed; retrieve them via the Exa API.