This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... The Julio Blake. In this case, therefore, there must be a decree in favor of the libellants against ship and freight, and in favor of the cargo against the libellants." George Be Forest Lord, for the libellants. Everett P. Wheeler and Butler, Stillman & Hubbard, for the claimants. Blatchford, J. The ...
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... The Julio Blake. In this case, therefore, there must be a decree in favor of the libellants against ship and freight, and in favor of the cargo against the libellants." George Be Forest Lord, for the libellants. Everett P. Wheeler and Butler, Stillman & Hubbard, for the claimants. Blatchford, J. The only appeal taken in this case is one by the libellant, and is from so much of the final decree of the District Court as dismisses the libel as against the cargo and the proceeds of the copper and junk, and as awards costs to the claimants of said cargo. The only question made, in argument, by the counsel for the libellant, is as to the cargo as no attempt has been made to show error as to the decree respecting the proceeds of the copper and junk. There is no dispute as to the material facts in this case, as affecting the cargo. Those facts, as found by this Court, were substantially found by the District Court, in its decision. The only question is, whether, on the facts of this case, the cargo is bound by the bond. The point involved is examined with care and thoroughness in the decision of the District Court, and I concur in the views there set forth. I have read the English decisions on the subject, namely, The Gratitudine, (3 Oh. Bob., 240, ) before Sir William Scott, in the High Court of Admiralty, in 1801; La Yaabel, (1 Dodson, 273, ) before the same Judge, in the same Court, in 1812; The Oriental, (3 W. Rob., 243, ) before Dr. Lushington, in the same Court, in 1850, reversed by the Privy Council, in 1851, (7 'Moore, 398;) The Bonaparte, (2 W. Bob., 298, ) before Dr. Lushington, in the High Court of Admiralty, in 1850 and 1852, and before the Privy Council twice, on appeal, in 1851 and 1853, (8 Moore, 459;) The Cargo ex Sultan, before Dr....
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