McBrier v. A Cargo of Hard Coal
District Court, D. Minnesota
This was a libel by James McBrier, John Thompson, and E. 1). Carter, owners of the steamboat Nyanza, to enforce an alleged lien for freight and demurrage. The Pioneer Fuel Company, consignee of the cargo, has interposed certain exceptions to the libel.
1Opinion of the Court
NELSON, District Judge.
The only question raised on the argument of the exceptions to the libel upon which the court is in doubt is whether the libel,' having set forth a discharge of the cargo, should have also stated, in order to preserve a lien for freight and demurrage, the further fact that there was an understanding that such discharge was not a waiver- of the lien. It is set forth in the libel that before such discharge a notice was served upon the consignee that the libelants would look to the cargo for freight and demurrage, and also that the consignee eventually discharged the cargo…
2Cited by3 opinions
- NH Shipping Corp. v. Freights of the S/S Jackie HauseDistrict Court, S.D. New York · 1960
- Compania De Navegacione Almirante S. A. Panama v. Certain Proceeds of CargoDistrict Court, C.D. California · 1967
- Healy v. 219,399 Feet of Dressed Yellow Pine LumberDistrict Court, D. Puerto Rico · 1907