Howell Edmunds Jackson

Name: Sturm v. Boker — Opinion of the Court
Author: Howell Edmunds Jackson

Summary

“Sturm v. Boker — Opinion of the Court”, is a work by Howell Edmunds Jackson. It explores elements such as complainant, defendants and Keese.

Quotes from Sturm v. Boker — Opinion of the Court (Howell Edmunds Jackson)

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ It is too clear for discussion, or the citation of authorities, that the contract was not a sale of the goods by the defendants to Sturm. The terms and conditions under which the goods were delivered to him import only a consignment. The words 'consign' and 'consigned,' employed in the letters, were used in their commercial sense, which meant that the property was committed or intrusted to Sturm for care or sale, and did not, by any express or fair implication, mean the sale by the one, or purchase by the other. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ The insured goods had to contribute to the general average the sum of $1,463.84, which was paid by the complainant, who also paid out the further sum of $672.78 for repairing part of the consigned goods, which reached Mexico in a damaged condition. Half of the amount paid on general average, and the amount paid for repairs upon the consigned goods, are the only items of account in controversy, so far as concerns the shipment made upon the Blonde, nothing having been recovered, either by complainant or defendants, upon the insurance policies taken out on the cargo which she carried. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ If, by the terms of the contract, as embodied in the letters of September 18 and October 24, 1867, the title to the goods vested in the complainant, or they were to be at his risk during their transit to Mexico, then it is conceded that upon an adjustment of the accounts between the parties on that basis, with the allowance to the defendants of a premium of 45 per cent. for gold, there is little or nothing due to the complainat, and no substantial error in the decree dismissing his bill. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ The complainant had reached Havana, on his way to Mexico, when he learned of the loss of the Keese and her cargo, and promptly notified the defendants, by telegram, of the fact. The defendants thereupon called for and received from the complainant's agent in New York city the invoice which accompanied the consignment of September 18, 1867, for the purpose of preparing and making proof of the loss. The insurance companies refused to pay the policies, on various grounds, which need not be noticed here. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ Funke, he took the whole lot of insurance together, in the name of complainant, 'for account of whom it might concern,' and appropriated for the benefit of the defendants, and handed over to them, by the instruction of the complainant and of Funke, four policies on the cargo of the Keese amounting to $55,000, issued, respectively, by the Sun, the New York, the Orient, and the Mercantile Insurance Companies, and one policy for $15,000 issued by the United States Lloyds Insurance Company on the cargo of the Blonde. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ Should there be any profit realized over the above amount of bill, such profit shall be equally divided between yourself and us.
'Also, it is understood that all these goods are shipped by you free of any expenses to us, and that, in case all or any of them should not be sold, they shall be returned to us free of all charges. ”

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Source: Wikisource

Howell Edmunds Jackson, Sturm v. Boker — Opinion of the Court

“ This insurance was effected through an insurance broker, who was informed that the defendants had an interest of about $40,000 in the goods to be covered by the policies, and who was directed to consult Mr. Funke, the member of defendants' firm with whom the complainant had chiefly conducted the transaction in controversy, as to how those policies should be made. ”

Howell Edmunds Jackson

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