Lawrence v. Minturn - 58 U.S. 100 (1854)
U.S. Supreme Court
Lawrence v. Minturn, 58 U.S. 17 How. 100 100 (1854)
Lawrence v. Minturn
58 U.S. (17 How.) 100
A consignee of goods has a right, in his own name, to libel a vessel for their nondelivery unless there is something to show that he had no interest in them. The presumption is that he had an interest, and to defeat the right to sue in his own name, this presumption must be rebutted by proof.
In the present case, there is no such proof.
The goods being thrown overboard, the facts in this case show that the jettison was justifiable and the loss occasioned by the perils of the sea.
The nature of the contract explained between the master and owner of a vessel and the shipper where the latter knows that the articles shipped are to be carried upon the deck, and the cases upon this subject examined.
In this case the evidence shows that there was no want of due diligence and skill either in the construction of the vessel or the stowage of the cargo.
Minturn libeled The Hornet for the nondelivery of two steam boilers and chimneys shipped on board of that vessel in the port of New York and consigned to the libellant.
Alexander M. Lawrence and seven others intervened as claimants, and after a hearing upon the pleadings and profits, the district judge decreed that the libellant should recover $25,275 and costs. From this decree the claimants appealed to this Court.
The case is stated in the opinion of the Court.