The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 66
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,t. ...4 1 236 JDOAR nI6ronTREB
WALKER, Circuit Judge. This was a libel in personam to recover
the amounts of alleged expense to the libelant of recovering 30 ma-
hogany logs, and q, the alleged value of 21 other such logs which were
lost; it being alleged that both the logs recovered and those lost went
adrift, between September 23, 1916, and October 15, 1910, after they
were delivered alongside the' ship chartered by the libelant to carry a
cargo of logs from Axim, on the west coast of Africa; fo New Orleans.
The libel charged that the logs went adrift because of faults charge-
able against the ship; the faults alleged being that the ship was anchor-
ed too far from shore, that the captain required more logs to be brought
out each day while the loading was in -progress than could be taken
aboard. during the day ofrtheir delivery alongside the ship, and that
there was a lack of proper watch during the nights when the logs
went adrift. .The libel was fiWd April 22, 1916. The charter party,
which was made a part of the libel, contained a provision requiring
the cargo to be "delivered alongside of the vessel, where she can load,
* * * always safely afloat within reach of her tackles." The
delay in filing the libel was duly set up as laches, such as to bar the
Before the filing of the libel the libelant had asserted no claim based
on the logs going adrift further than was disclosed by the following oc-
currences: On February 17, 1911, a firm of lawyers in New Orleans
addressed to 'the respondent (the appellant here) a letter stating that
they had received for collection a claim of the lihelant for the loss of
21 logs shipped by, the,respondent's steamer, costing the sum of $500,
and the recovery .of 30 logs allowed to go astray, the recovery of which
cost the libelant $245. In the reply of the respondent's agents to that
communication date February 1,8, 1911, they said, after stating
the contents of the communication replied to:
"We 'have never beerl presented with the claim by the Talge Mahogany
Cbnipany. We do not know anything about any such 'claim, as the Talge Ma-
hogaay Company hae never presented us with'one. If you wish to take pro-
ceeding for the recovery 'of this motey, you are at liberty to do so. If you
thnlr -tVi 'aetioti isenecessary, please communicate with our attorneys, Messrs.
Dart'& Kernah.* ,
"We certainly will 'not' pay any claim until -we have some evidence that
we are pbligte, to. ,p, or have caused other people to suffer damages that
are claimed. 'a,' ' "
In a letter of the libelant, dated February k3, 1911; and adressed to
the-iespondent 'at New Orleans, it stated merely' the inclosure df an
invoice of which the following is a copy:
n,. .. ' ' The Talg, Mhhi'ny Company.'i
"IIndianapolis, Idl., 'Yany. 31, 1911.
"Sold to Elger Dempster & Co., Ltd., New Oleans, La.:
uItecovering 10 mtlhokanu lgs.... .'..........................$ 5000
$, ecovrig 20o,mahlogany logs.:....,............. .. .8 ......... 1900
Lost-21 mahogany logs at $25.64.................... .......... 538.44
"All the above logs went adrift from alongside the S. S. Andont'whifM
lpagadA at A iPl, Sept 23--Octr. 15,.4 O' ..
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/80/: accessed April 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.