VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 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. American port governed by United States laws. -The Apurimac, 7 F. (2d) 741. II (U.S.D.C.Cal.) Obligations owing by master to seaman stated; breach gives seaman injured thereby an alternative right in rem or 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 incaers.-Enochasson v. Freeport Sulphur Co., 7 F. (2d) 674. Seaman, incapacitated during "voyage" by ill 359 (1) (U.S.C.C.A.N.Y.) Prima facie case made by evidence in seller's action for price.-ness, held entitled to recover wages to end of 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. contract.-Id. 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. to furnish 29(1) (U.S.D.C.N.Y.) Suit in rem for injury through unseaworthiness of vessel maintainable, though case be governed by British 29(2) (U.S.D.C.N.Y.) Failure law. The Navarino, 7 F. (2d) 743. ample provisions for voyage rendered ship unseaworthy 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 to properly clothe himself for journey from icebound vessel held negligence contributing to injury.-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. Lind. sly, 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, Em7 (U.S.D.C.Wash.) Constitutional right SENTENCE. See Criminal Law, 978-994. SHIPPING. See Salvage; Wharves. I. REGULATION IN GENERAL. 16 (U.S.C.C.A.Mass.) Not all places on Tug towing lighter to ship at sea held not Knowledge of owner that tug was being used to defraud United States revenue held immate- 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 50 (U.S.D.C.N.Y.) Charterer, under char- Acts of master of ship held not ratification by -Id. V. LIABILITIES OF VESSELS AND OWN- 79 (U.S.D.C.N.Y.) Contractor placing barge 86 (2) (U.S.D.C.N.Y.) Steamship listing 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- must 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 VIII. CARRIAGE OF passengers. 54 (U.S.D.C.N.Y.) Contractor held under Liability of one hiring vessel as bailee stated. 54 (U.S.D.C.N.Y.) Manner of loading coal barge held to have been cause of her sinking.- 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 obli- sault of its servants.-Pacific S. S. Co. v. Sut- 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(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- 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. 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, 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 con- strued in favor of taxpayer in case of doubt.- 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 PENAL CODE. See Criminal Code. STATUTES AT LARGE. 917 1789, Sept. 24, ch. 20, 1 Stat. 73..... ..... 311 1883, March 3, ch. 143, 22 Stat. 625. 1898, July 1, ch. 541, 30 Stat. 544. See 990 1902, June 17, ch. 1093, 32 Stat. 388..... 624 See Criminal Code. 1909, Aug. 5, ch. 6, § 38, 36 Stat. 112... 3 1917, Oct. 6, ch. 106, §§ 8, 9, 40 Stat. 418, 1917, Oct. 6, ch. 106, § 9, 40 Stat. 419. 443 293 1918, March 21, ch. 25, § 10, 40 Stat. 456.. 622 1919, Feb. 24, ch. 18, § 200, 40 Stat. 478 900 1919, Feb. 24, ch. 18, § 201a, 40 Stat. 1059 54 478 259, 357, 428 1919, Oct. 28, ch. 85, tit. 2, § 3, 41 Stat. .65, 545 590 1910, June 25, ch. 412, § 8, 36 Stat. 840... 682 881 ..65, 189 1919, Oct. 28, ch. 85, tit. 2. § 28, 41 Stat. 189 1913, Jan. 23, ch. 9, 37 Stat. 650.. 590 1913, Oct. 3, ch. 16, 38 Stat. 114. 3 1914, Jan. 20, ch. 11, 38 Stat. 278.. 1919. Oct. 28, ch. 85, tit. 2, § 29, 41 Stat. 1 1914, Sept. 26, ch. 311, § 5, 38 Stat. 719... 1919, Oct. 29, ch. 89, 41 Stat. 324. .1005 |