The Boston
District Court, D. Massachusetts
In admiralty. The libellants, Louis J. Au-denried & Company, coal merchants, doing business in Philadelphia and Boston, shipped a cargo of coal on board the schooner Boston at Philadelphia, and received a bill of lading requiring delivery at Boston to Bos-worth & Hamlin or their assigns, at a freight of two dollars and twenty-five cents per ton and three cents per ton for each bridge.
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In admiralty. The libellants, Louis J. Au-denried & Company, coal merchants, doing business in Philadelphia and Boston, shipped a cargo of coal on board the schooner Boston at Philadelphia, and received a bill of lading requiring delivery at Boston to Bos-worth & Hamlin or their assigns, at a freight of two dollars and twenty-five cents per ton and three cents per ton for each bridge. There was the clause lately introduced by an association of ship-owners into these contracts for carrying coal, and which has been under consideration several times in this court, that twenty-four hours after…
1Opinion of the Court
LOWELL, District Judge.
The claimants insist that the master might deliver his cargo at any suitable wharf, with notice to the consignee or his assignee, and thus fully meet the requirements of his contract; and that this was such a wharf. It is often said in the books that this is the master’s whole duty, but I am of opinion that the proposition has been sometimes understood a good deal too broadly. The dictum of Mr. Justice Buller, in Hyde v. Trent & M. Nav. Co., 5 Term R. 389, 397, is that a delivery on the usual wharf will discharge the carrier. And in Chickering v. Fowler, 4 Pick. 371,…
2Cases cited6 opinions
- Ostrander v. Brown & StaffordNew York Supreme Court · 1818
- Cope v. CordovaSupreme Court of Pennsylvania · 1829
- Watkinson v. LaughtonNew York Supreme Court · 1811
- Humphreys v. ReedSupreme Court of Pennsylvania · 1841
- Hemphill v. ChenieSupreme Court of Pennsylvania · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Constable v. National Steamship Co.Supreme Court of the United States · 1894
- McNeal v. BraunSupreme Court of New Jersey · 1891
- Devato v. Eight Hundred & Twenty-Three Barrels of PlumbagoDistrict Court, S.D. New York · 1884
- Manson v. New York, N. H. & H. R. Co.U.S. Circuit Court for the District of Connecticut · 1887
- The ThetaDistrict Court, S.D. New York · 1905
4 more not listed; retrieve them via the Exa API.