The Federal Reporter: With Key-Number Annotations ..., volume 4
The Federal Reporter: With Key-Number Annotations ..., volume 4
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In our eReader you can find the full English version of the book. Read The Federal Reporter: With Key-Number Annotations ..., volume 4 Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book The Federal Reporter: With Key-Number Annotations ..., volume 4
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Respondents contended that as the master of the vessel had acted in good faith, in obedience to an order of stoppage in transitu, the vessel was not liable at all, and that even if any liability existed it could only be for the decline in market value between the arrival of the vessel and the offer to deliver the goods made February 19, 1878. The district court entered a decree in favor of libellant, Cadwalader^ D. J., delivering the following opinion : ''The detention of the skins by the defen...dants was wrongful.
There could be no rightful stoppage in transitu by reason of the former owner's insolvency. Through this wrongful deten- tion, and the consequent inability to deliver the goods to the purchaser in Philadelphia, the benefit of the sale to him was Digitized by VjOOQIC SCHMIDT V. 8TBAM-SHIP PENNSYLTAKU. 651 lost. He rejected the goods, as he had a right to do, and the market had fallen so that a loss, which is the measure of the damage, had been suffered. "* The district judge died before any assessment of damages was made, but as he had indicated during the argument that, in his opinion, the measure of damage should be the differ* ence between the contract price with Keene and the market value on February 19, 1878, the date of the offer to deliver, the parties, by agreement, entered b, pro forma assessment of damages at $1,090.61.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 4?
You can find similar books in the "Read Also" column, or choose other free books by United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Respondents contended that as the master of the vessel had acted in good faith, in obedience to an order of stoppage in transitu, the vessel was not liable at all, and that even if any liability existed it could only be for the decline in market value between the arrival of the vessel and the offer to deliver the goods made February 19, 1878. The district court entered a decree in favor of libellant, Cadwalader^ D. J., delivering the following opinion : ''The detention of the skins by the defen...dants was wrongful.
There could be no rightful stoppage in transitu by reason of the former owner's insolvency. Through this wrongful deten- tion, and the consequent inability to deliver the goods to the purchaser in Philadelphia, the benefit of the sale to him was Digitized by VjOOQIC SCHMIDT V. 8TBAM-SHIP PENNSYLTAKU. 651 lost. He rejected the goods, as he had a right to do, and the market had fallen so that a loss, which is the measure of the damage, had been suffered. "* The district judge died before any assessment of damages was made, but as he had indicated during the argument that, in his opinion, the measure of damage should be the differ* ence between the contract price with Keene and the market value on February 19, 1878, the date of the offer to deliver, the parties, by agreement, entered b, pro forma assessment of damages at $1,090.61.
What to read after The Federal Reporter: With Key-Number Annotations ..., volume 4?
You can find similar books in the "Read Also" column, or choose other free books by United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court to read onlineMoreLess
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