Edward Douglass White

Name: O'Brien v. Miller — Opinion of the Court
Author: Edward Douglass White

O'Brien v. Miller — Opinion of the Court

Summary

“O'Brien v. Miller — Opinion of the Court”, is a work by Edward Douglass White. It explores elements such as cargo, Andrew Johnson and bond.

Quotes from O'Brien v. Miller — Opinion of the Court (Edward Douglass White)

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ The clear purpose of congress was to require the shipowner, in order to be able to claim the benefit of the limited liability act, to surrender to the creditors of the ship all rights of action which were directly representative of the ship and freight. Where a vessel has been wrongfully taken from the custody of her owners, or destroyed through the fault of another, there exists in the owner a right to require the restoration of his property, either in specie or by a money payment as compensation for a failure to restore the property. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ There are many other conditions of the bond which with equal force refute the attempt to limit the word 'vessel' in the defeasance clause to the Johnson, and which irresistibly make the language of the defeasance clause harmonize with t e nature and extent of the security afforded by the bond. Thus, the clause as to the arrival of the vessels made no distinction between the Johnson and the Leslie. It cannot be contended that, if the Leslie had arrived at the port of destination before the Johnson, her cargo could have been discharged without payment of the bond. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ While it may be inferred from the averment in the libel that the libelants assented to the bond, 'believing that the said bond was properly and necessarily issued,' that such assent was given subsequent to the execution of the bond, the language used does not imply that the master had not communicated with the cargo owners before making the hypothecation. As the bond does not import to the contrary, the master must be presumed to have lawfully executed it. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ The manifest result of the obligation of the cargo owners to pay the bond before they could obtain delivery of the goods was that the were obliged to discharge the part of the debt which was due by the ship Johnson. This, in effect, gave rise in their behalf to a claim against the ship for a breach of the contract of affreightment or charter party, by virtue of which the property of the owners was received on the Andrew Johnson to be transported to Hamburg, and there delivered to the order of the consignees named in the charter party on payment of the freight therein specified. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ For which payment, to be well and faithfully made, I bind myself, my heirs, executors, or administrators, and also the hull, boats, tackle, apparel, and furniture of said vessel and her cargo of nitrate of soda, including about twelve hundred tons of nitrate soda, transhipped on board the British bark Mary J. Leslie, of Liverpool, N. S., of 815 tons register, and of which W. S. MacLeod is now master, and the freight to be earned and become payable in respect thereof, firmly by these presents, sealed with my seal. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ Had a portion of the cargo not been delivered, or been delivered in a damaged condition by the fault of the master, the right to proceed in admiralty to recover the damage sustained would have been clear. The Schooner Freeman, 18 How. 182; Liverpool & G. W. Steam Co. v. Phenix Ins. Co., 129 U.S. 397, 462, 9 Sup. Ct. 469. Delivering the cargo charged with a lien for an indebtedness of the shipowner is no different in principle or effect from the nondelivery of a portion or the whole in a damaged condition. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ The text of the Ordonnance de la Marine of 1681, and the opinions of Pardessus and other continental jurisconsuls, were referred to as the sources from which the principles embodied in the act of congress were derived. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ Notes
↑ Know all men by these presents, that I, James H. Killeran, master mariner and commander of the ship or vessel called the Andrew Johnson, of Thomaston, Maine, of the measurement of nineteen hundred and thirty-eight tons, or thereabouts, now lying in the port of Callao, am held and firmly bound to Messrs. ”

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Source: Wikisource

Edward Douglass White, O'Brien v. Miller — Opinion of the Court

“ Ct. 1150, where the obligation of a shipowner to account for the sum of nsurance recovered on the loss of his ship was fully considered, the fact was declared to be that the provisions of the act of congress, just referred to, were in conformity with the general maritime law of Europe, page 502, 118 U.S., and page 1161, 6 Sup. ”

Edward Douglass White

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