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23 F. Cas. 81

Stille v. Traverse

U.S. District Court

Decided April 15, 1811

U.S. District Court · decided 1811-04-15

The defendant, the master of the Hope, lying at Laguira, took in a parcel of coffee the property of Mr. Lancaster, and gave a bill of lading, to deliver the same to Mr. Kerns of Philadelphia, to which port the vessel was destined.

Decided 1811-04-15

WASHINGTON, Circuit Justice

¶1(charging jury). Whether Lancaster or Kerns was the real owner of this coffee, does not appear; and in this case, is immaterial. It may become necessai-y for the defendant to ascertain that point, in case he should have to recover over against either of these parties, what may be recovered against him in this action. But there is no question, as to the defendant's liability to comply with his bill of lading to the plaintiff. - If, as a stake-holder, he thought proper to deliver the property to either of the contending parties, he no doubt took care to be indemnified; and whether or not. he is bound by his contract with the plaintiff. Your verdict, therefore, must be for the plaintiff.

¶2Verdict for plaintiff.

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