Ellis v. Atlantic Mut. Ins. Co. - 108 U.S. 342 (1883)
U.S. Supreme Court
Ellis v. Atlantic Mut. Ins. Co., 108 U.S. 342 (1883)
Ellis v. Atlantic Mutual Insurance Company
Decided April 30, 1883
108 U.S. 342
Where a vessel, before she breaks ground for a voyage, is so injured by fire that the cost of her repairs would exceed her value when repaired, and she is rendered unseaworthy and incapable of earning freight, a contract of affreightment for the carriage of cotton by her to a foreign port, evidenced by a bill of lading, containing the usual and customary exceptions and providing for the payment of the freight money on the delivery of the cotton at that port, is thereby dissolved, so that the shipper is not liable for any part of the freight money, nor for any of the expenses paid by the vessel for compressing and stowing the cotton.
In admiralty. Libel for freight. The facts appear in the opinion of the Court.