VII. REMEDIES OF SELLER. 353 (4) (U.S.C.C.A.Kan.) Complaint held to state cause of action for price of furnace sold, and sufficiency could not be raised after issue joined.-El Dorado Refining Co. v. Lientz, 7 F. (2d) 814. 354 (2) (U.S.C.C.A.N.Y.) Plaintiff not bound to pay attention to or discern plea of payment in meaningless denial of information and belief.-Jessoph Co. v. Briggs & Turivas, 7 F. (2d) 883. 359 (1) (U.S.C.C.A.N.Y.) Prima facie case made by evidence in seller's action for price. Jessoph Co. v. Briggs & Turivas, 7 F. (2d) 883. (F) Actions for Damages. 384 (1) (U.S.C.C.A.Pa.) Buyer rescinding contract held liable for interest on recovery.— Hartmann-Schneider Co. v. Farish Co., 7 F. (2d) 561. 384 (2) (U.S.C.C.A.Tenn.) Measure of damages for breach of contract for purchase of peaches by buyer, stated.-Gentile Bros. Co. v. Rose, 7 F((2d) 879. VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. ~418(3) (U.S.C.C.A.N.Y.) Damage for breach of sales contract difference between market value and contract price.-American Mfg. Co. v. U. S. Shipping Board Emergency Fleet Corporation, 7 F. (2d) 565. IX. CONDITIONAL SALES. American port governed by United States laws. -The Apurimac, 7 F. (2d) 741. II (U.S.D.C.Cal.) Obligations owing by injured thereby an alternative right in rem or master to seaman stated; breach gives seaman personam.-Cresci v. Standard Fisheries, 7 F. (2d) 378. 19 (U.S.D.C.Tex.) Discharge of seaman, pacitating him, does not release ship or its owncompelled to leave post through illness inca ers.-Enochasson v. Freeport Sulphur Co., 7 F. (2d) 674. Seaman, incapacitated during "voyage" by illhis contract.-Id. ness, held entitled to recover wages to end of 29(1) (U.S.D.C.Cal.) Failure of captain of boat to attempt to rescue member of crew known to have fallen overboard held negligence.-Salla v. Hellman, 7 F. (2d) 953. Negligence of captain of boat is imputable to owner.-Id. 29(1) (U.S.D.C.N.Y.) Fact that vessel is victualed, manned, and controlled by any person may fix liability of that person as charterer. -Stewart v. U. S. Shipping Board Emergency Fleet Corporation, 7 F.(2d) 676. Vessel bound to indemnify steward for injuries suffered by him in obeying orders.-Id. 29(1) (U.S.D.C.N.Y.) Suit in rem for injury through unseaworthiness of vessel_maintainable, though case be governed by British law. The Navarino, 7 F. (2d) 743. ample provisions for voyage rendered ship un29(2) (U.S.D.C.N.Y.) Failure to furnish seaworthy and owner responsible for damages resulting therefrom.-Stewart v. U. S. Shipping Board Emergency Fleet Corporation, 7 F. (2d) 676. 450 (U.S.C.C.A.N.Y.) Conditional sale never raises a question of lien, but one of title.29(2) (U.S.D.C.N.Y.) Vessel held unseaIn re Master Knitting Corporation, 7 F. (2d) 11. 457 (U.S.C.C.A.N.Y.) Transaction held to constitute a "conditional sale," notwithstanding use of phrase "on consignment" on a subsequent informal memorandum of delivery. In re Master Knitting Corporation, 7 F. (2d) 11. SALVAGE. I. RIGHT TO COMPENSATION. 17 (U.S.C.C.A.N.Y.) Libelant must show it contributed to successful result.-Lincoln S. S. Line v. U. S., 7 F. (2d) 886. II. AMOUNT AND APPORTIONMENT. 31 (U.S.C.C.A.N.Y.) Award of salvage for beaching and flooding steel ship reduced from $31,250 to $15,000, plus expenses and costs of District Court.-Canadian Government Merchant Marine v. U. S., 7 F.(2d) 69. III. LIEN AND RECOVERY. 48 (U.S.C.C.A.N.Y.) Allegation that stranded vessel floated immediately after libelant's efforts to free her held not established.-Lincoln S. S. Line v. U. S., 7 F. (2d) 886. Libelant must show it contributed to successful result by preponderance of evidence.Id. Preponderance of proof held not to show that libelant's effort contributed to rescue of stranded vessel.-Id. 49 (U.S.C.C.A.N.Y.) Whether libelant contributed to successful result in attempting to free stranded vessel held question of fact.Lincoln S. S. Line v. U. S., 7 F. (2d) 886. SEAMEN. 3 (U.S.D.C.N.Y.) Injury to seaman in American port on foreign vessel through unseaworthiness governed by American law. The Navarino, 7 F.(2d) 743. worthy by reason of defective block used during cleaning of smoke box tubes.-The Navarino, 7 F. (2d) 743. 29(4) (U.S.D.C.N.Y.) Failure of steward bound vessel held negligence contributing to into properly clothe himself for journey from icejury.-Stewart v. U. S. Shipping Board Emergency Fleet Corporation, 7 F.(2d) 676. $6,500 for permanent loss of hearing of steward of vessel held proper.-Id. 29(4) (U.S.D.C.N.Y.) Fireman held not responsible for selection of defective block for cleaning smoke box tubes.-The Navarino, 7 F. (2d) 743. 29(4) (U.S.D.C.Va.) Contributory negligence not bar to recovery for injury to seaman from maritime tort.-The Apurimac, 7 F. (2d) 741. 29 (5) (U.S.D.C.N.Y.) Evidence held to sustain finding that deafness of steward was caused by exposure while obeying orders of vessel's master.-Stewart v. U. S. Shipping Board Emergency Fleet Corporation, 7 F.(2d) 676. Limitation of Suits in Admiralty Act, March 9, 1920, § 5, held inapplicable.-Id." SEARCHES AND SEIZURES. 3 (U.S.C.C.A.N.Y.) Propriety of seizure may be raised by motion to vacate.-U. S. v. Specified Quantities of Intoxicating Liquors, 7 F. (2d) 835. 3 (U.S.D.C.La.) Statute held not to change law as to right to arrest a person or enter his dwelling without a warrant, if he is committing an offense in presence of officers.-U. S. v. Lindsly, 7 F.(2d) 247. 3 (U.S.D.C.Wash.) Search not made lawful by what is found.-U. S. v. Olmstead, 7 F. (2d) 760. 7 (U.S.C.C.A.N.Y.) Federal Constitution does not protect citizens against unreasonable searches by state government and its agencies. -Schroeder v. U. S., 7 F. (2d) 60. 3 (U.S.D.C.Va.) Right to lien for injury to 7 (U.S.C.C.A.N.Y.) Federal officers not necforeign seaman on foreign unseaworthy ship in essarily required to have search warrant to For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER justify search and seizure.-Greenberg v. U. S., 7 (U.S.C.C.A.N.Y.) Const. U. S. Amend. 4, 67. 7 (U.S.D.C.Wash.) Constitutional right SENTENCE. See Criminal Law, 978-994. SHIPPING. See Salvage; Wharves. I. REGULATION IN GENERAL. Tug towing lighter to ship at sea held not Knowledge of owner that tug was being used General allegation of violation of United II. TITLE. 33 (U.S.C.C.A.N.Y.) Mortgage not invali- III. CHARTERS. 41 (U.S.D.C.N.Y.) Time charter held not 49(2) (U.S.C.C.A.N.Y.) Charter party for 50 (U.S.D.C.N.Y.) Charterer, under char- Acts of master of ship held not ratification by -Id. 54 (U.S.D.C.N.Y.) Contractor held under Liability of one hiring vessel as bailee stated. City held under facts not liable for negligence 54 (U.S.D.C.N.Y.) Manner of loading coal 58 (2) (U.S.D.C.N.Y.) Burden of proving 58(2) (U.S.D.C.N.Y.) Duty of showing Barge held to have been seaworthy when of- IV. MASTER. 61 (U.S.C.C.A.N.Y.) Owner acts through V. LIABILITIES OF VESSELS AND OWN- 79 (U.S.D.C.N.Y.) Contractor placing barge VII. CARRIAGE OF GOODS. 125 (U.S.D.C.Cal.) General liberty clause In view of liberty clause, held no deviation 125 (U.S.D.C.Cal.) Deviation held not with- 131 (U.S.D.C.Cal.) Unauthorized deviation Value at destination measure of damages for 132(1) (U.S.D.C.Cal.) Shipper, to sue car- 132(3) (U.S.D.C.N.Y.) Ship must show 132(5) (U.S.D.C.N.Y.) Ship held to have 136 (U.S.C.C.A.Cal.) Harter Act strictly 137 (U.S.C.C.A.Cal.) Owner charged with Vessel held not reasonably fit to carry cargo 137 (U.S.D.C.N.Y.) Negligence in control obli- VIII. CARRIAGE OF PASSENGERS. 166(2) (U.S.C.C.A.Wash.) Condition that Under facts, condition of ticket for present- IX. DEMURRAGE. 181 (U.S.) Charterer held not liable for XI. LIMITATION OF OWNER'S LIABILITY, 209(1) (U.S.C.C.A.N.Y.) Action at law for 209(2) (U.S.D.C.Va.) Right to limit liabil- 209 (3) (U.S.C.C.A.Cal.) Burden devolves 209(3) (U.S.D.C.La.) General denials in law," to include other than federal officers, 217 (U.S.D.C.La.) Courts not bound, in in- con- Burden of proof on issue of limitation of lia-245 (U.S.C.C.A.Conn.) Tax statutes SPECIAL LAWS. See Statutes, ~77-96. SPECIFIC PERFORMANCE. II. CONTRACTS ENFORCEABLE. 51 (U.S.C.C.A.III.) Court of equity will not STATUTE OF FRAUDS. See Frauds, Statute of. STATUTES. For statutes relating to particular subjects, see I. ENACTMENT, REQUISITES, AND VA- 64 (2) (U.S.D.C.N.Y.) Provisions as to rate II. GENERAL AND SPECIAL OR LOCAL LAWS. 77(1) (U.S.C.C.A.Okl.) Law not special Supposed necessity of act to avoid consti- 96 (2) (U.S.C.C.A.Okl.) Oklahoma statute, V. REPEAL, SUSPENSION, EXPIRATION, AND REVIVAL. 149 (U.S.D.C.N.Y.) Power of Legislature, VI. CONSTRUCTION AND OPERATION. 195 (U.S.C.C.A.N.Y.) Courts not governed 199 (U.S.D.C.R.I.) To construe federal For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1917, Oct. 6, ch. 106, § 9, 40 Stat. 419. 115 311 1883, March 3, ch. 143, 22 Stat. 625. 831 See 511 1919. Feb. 24, ch. 18, § 200, 40 Stat. 445 Stat. 990 990 1902, June 17, ch. 1093, 32 Stat. 388..... 624 478 900 478 259, 357, 428 1919, July 11, ch. 6, § 1, 41 Stat. 35. 293 244, 309, 319, 324, 370, 397. 413, 467, 1919, Oct. 28, ch. 85, tit. 2, § 3, 41 Stat. ...65, 545 See Criminal Code. 1919, Oct. 28, ch. 85, tit. 2, §§ 5, 6, 41 Stat. 408 3 1919, Oct. 28, ch. 85, tit. 2, § 21, 41 Stat. 590 1910, June 25, ch. 412, § 8, 36 Stat. 840... 682 881 ...65, 189 Judicial Code. 1919, Oct. 28, ch. 85, tit. 2. § 28, 41 Stat. 189 1913, Jan. 23, ch. 9, 37 Stat. 650. 1913, Oct. 3, ch. 16, 38 Stat. 114. .... Stat. 321 510 598 293 1919, Oct. 29, ch. 89, 41 Stat. 324. |