Nathan Clifford

Name: The Delaware — Opinion of the Court
Author: Nathan Clifford

Summary

“The Delaware — Opinion of the Court”, is a work by Nathan Clifford. It explores elements such as lading, parol and stowage.

Quotes from The Delaware — Opinion of the Court (Nathan Clifford)

Nathan Clifford, The Delaware — Opinion of the Court

“ Express contracts may be made in writing which will define the obligations and duties of the parties, but where those obligations and duties are evidenced by a clean bill of lading, that is, if the bill of lading is silent as to the mode of stowing the goods, and it contains no exceptions as to the liability of the master, except the usual one of the dangers of the sea, the law provides that the goods are to be carried under deck, unless it be shown that the usage of the particular trade takes the case out of the general rule applied in such controversies. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ The effect of a clean bill of lading is discussed, and though the court has 'no occasion to determine' whether or not the obligation under such a bill to stow under deck 'is a mere presumption, arising from the usual mode of conveying merchandise in vessels and liable to be rebutted by proof of a parol contract,' &c., it intimates a strong opinion on the rule of evidence. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Contracts of the master, within the scope of his authority as such, bind the vessel and give the creditor a lien upon it for his security, except for repairs and supplies purchased in the home port, and the master is responsible for the safe stowage of the cargo under deck, and if he fails to fulfil that duty he is responsible for the safety of the goods, and if they are sacrificed for the common safety the goods stowed under deck do not contribute to the loss. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ That the effect of a 'clean' bill of lading is simply to raise such a presumption is clear upon principle and on authority.
In trade or commerce the general usage is constantly admitted to expound the contracts of parties, as well where the contract is silent as where the language in which it speaks has by usage a technical meaning. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Where the goods of a consignment are not all sent on board at the same time, it is usual for the master, mate, or other person in charge of the deck, and acting for the carrier, to give a receipt for the parcels as they are received, and when the whole consignment is delivered, the master, upon those receipts being given up, will sign two or three, or, if requested, even four bills of lading in the usual form, one being for the ship and the others for the shipper. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Thus, in all trades, where the nature of the goods is such that they are dangerous to the ship or cargo-as corrosive or inflammable oils and other liquids-the usage is, that they may be carried on deck, where in case of accident they can do the least harm and may be most readily cast overboard. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Evidence of the kind may be admitted for the purpose of defining what is uncertain, but it is never properly admitted to alter a general rule of law, nor to make the legal rights or liabilities of the parties other or different from what they are by the common law. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Whether any express exception to the admissibility of the evidence was taken or not does not distinctly appear, but it does appear that the question whether the evidence was or not admissible was the principal question examined by the District Court, and the one upon which the decision in the case chiefly turned. ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Baxter v. Leland, 1 Blatchford, Circuit Court, 526, 527. See note of American editor, 5 C. B., N. S. *164, and cases cited.↑ Starkie on Evidence, by Sharswood, *75-6, *710; 1 Greenleaf on Evidence, § 292 ”

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Source: Wikisource

Nathan Clifford, The Delaware — Opinion of the Court

“ Hunt v. Adams, 7 Massachusetts, 518; S.C.., 6 Id. 519; Pattison v. Hull, 9 Cowen, 747.↑ 3 Connecticut, 9.↑ Greenleaf. On Evidence, vol. 1, § 275, and see note 3.↑ On Evidence, by Sharswood, *648, *713.↑ Duer. On Insurance, vol. 1, 176, § 27; and see Ib. 276, § 70; 2 Id. 668-71, §§ 17, 18.↑ 7 Cushing, 175.↑ 5 Pickering, 37-38.↑ 4 Washington's Circuit Court, 481.↑ 1 Peters, 89, 92; see also Rohan v. Hanson, 11 Cushing, 44, 46. Weston v. Chamberlin, 7 Id. 404, and cases cited, 406.↑ Vernard v. Hudson, 3 Sumner, 406, 407; Lowry v. Russell, 8 Pickering, 360, 362 ”

Nathan Clifford

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