Kennedy v. Dodge
District Court, S.D. New York
This was a libel in personam, brought by [James Kennedy and others] the owners of the ship Jeremiah Thompson, to recover the freight money on a considerable quantity of tin plate and iron rods, shipped on board the Thompson at Liverpool, by Phelps, James & Co., and consigned to the respondents [William E. Dodge and others] in New York.
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This was a libel in personam, brought by [James Kennedy and others] the owners of the ship Jeremiah Thompson, to recover the freight money on a considerable quantity of tin plate and iron rods, shipped on board the Thompson at Liverpool, by Phelps, James & Co., and consigned to the respondents [William E. Dodge and others] in New York. The bill of lading was in the ordinary form, and the libel alleged performance of the contract, including the delivery of the goods at this port. The answer admitted that the goods were shipped as stated, and arrived at this port, but averred that they were not…
1Opinion of the Court
SHIPMAN, District Judge.
Before stating and applying the legal principles which must govern this case, it will be proper to state the facts which were developed on the trial. I find the following facts proved: X. That the ship arrived at this port about the 11th of August, 1866, with a general cargo, including the tin plate and iron rods mentioned in the bill of lading, and also a considerable quantity of pig iron and other freight for other parties. (2) That, on the application of the ship, the harbor-master assigned her a berth at pier No. 45, East river, which she took, and proceeded to…
2Cases cited1 opinion
- Sickels v. PattisonNew York Supreme Court · 1835
3Cited by7 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Post v. City of LincolnDistrict Court, S.D. New York · 1885
- Ebert v. The Schooner Reuben DoudDistrict Court, E.D. Wisconsin · 1880
- Irzo v. PerkinsDistrict Court, S.D. New York · 1881
- Walton v. The Frank GilmoreDistrict Court, W.D. Pennsylvania · 1896
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