The Propeller Monticello v. Mollison
58 U.S. 152 (1854)

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U.S. Supreme Court

The Propeller Monticello v. Mollison, 58 U.S. 17 How. 152 152 (1854)

The Propeller Monticello v. Mollison

58 U.S. (17 How.) 152

Syllabus

In a case of collision upon Lake Huron between a propeller and a schooner, the evidence shows that the propeller was in fault.

The fact that the libellants had received satisfaction from the insurers for the vessel destroyed furnished no good ground of defense for the respondent.

This was a case of collision, in September, 1850, upon Lake Huron between a propeller called Monticello and a schooner called The Northwestern by which the schooner and her cargo were entirely lost.

In April, 1851, Mollison, the owner of the schooner, libeled the propeller, then lying in the port of Buffalo. Wilson, the master and claimant of the propeller, answered the libel, and much testimony was taken on both sides. In May, 1852, the

Page 58 U. S. 153

district judge decreed that the libellant should receive the sum of $6,000 as the value of the schooner, and the further sum of $150 as the value of the salt which constituted the cargo. The case being carried by appeal to the circuit court, the decree was affirmed in September, 1853. The master of the propeller appealed to this Court.

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