Miller v. O'Brien
District Court, S.D. New York
In Admiralty. On exceptions to libel. This was a libel against the respondent in personam, to recover money which the libelants paid in Germany to redeem their cargo from a bottomry bond executed by the master of the American ship Andrew Johnson, at Callao, Peru, on September 15, 1884. The libel avers that the libelants, in June and July, 1884, shipped on board said vessel at Iquiqtie .Bay and at Galena Buena about 20,000 bags of nitrate of soda, to be transported lo…
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In Admiralty. On exceptions to libel. This was a libel against the respondent in personam, to recover money which the libelants paid in Germany to redeem their cargo from a bottomry bond executed by the master of the American ship Andrew Johnson, at Callao, Peru, on September 15, 1884. The libel avers that the libelants, in June and July, 1884, shipped on board said vessel at Iquiqtie .Bay and at Galena Buena about 20,000 bags of nitrate of soda, to be transported lo Hamburg, Germany; that she sailed from the latter port for Hamburg on July 15th, in an unseaworthy condition; that thereafter…
1Opinion of the CourtBrown, J.
The nature of the Cause, I think, sufficiently appears in the libel to answer the requirement of the twenty-third rule in admiralty. The second exception—that no cause of action is stated—goes to the merits of the action. It does not coyer any mere informality of statement; nor any lack of fullness in detail, or of definiteness and certainty. The objection that there is no averment in the libel that communication was had with the owners of the cargo before executing the bottomry cannot, therefore, be considered. The general averments that the expense incurred was necessary; that the execution…
2Cases cited2 opinions
- Norwich Co. v. WrightSupreme Court of the United States · 1872
- Insurance Co. v. GosslerSupreme Court of the United States · 1878
3Cited by3 opinions
- Great Lakes Towing Co. v. Mill Transp. Co.Court of Appeals for the Sixth Circuit · 1907
- Miller v. O'BrienDistrict Court, S.D. New York · 1894
- Berry v. GraceDistrict Court, S.D. New York · 1894