Mencke v. Cargo of Java Sugar

by George Shiras, Jr.

United States Supreme Court

187 U.S. 248

Mencke  v.  Cargo of Java Sugar

 Argued: November 13, 1902. --- Decided: December 1, 1902

This action was begun by the filing, on May 27, 1899, of a libel in the United States district court for the eastern district of New York, by Anton Mencke, the master of the British ship Benlarig, against a cargo of sugar that had just been delivered from the vessel, to recover an unpaid balance of freight due for conveying the sugar from Java to New York. The receivers of the cargo, the claimants in the action, had deducted from the freight the cost of lightering the cargo from the dock where it had been discharged to the claimants' refinery, which was above the Brooklyn Bridge. The ship had been ordered by the claimants to proceed directly to the refinery, but was unable to do so because the height of her masts was such that she could not pass under the bridge.

The district court, per Judge Thomas, entered a decree in favor of the libellant January 18, 1900. 99 Fed. 298. The claimants appealed to the United States circuit court of appeals for the second circuit, and that court on April 16, 1901, reversed the decree of the district court, and remanded the cause, with directions to dismiss the libel. 47 C. C. A. 222, 108 Fed. 89.

On May 13, 1901, a writ of certiorari was granted, and the cause was brought to this court. 181 U.S. 620, 45 L. ed. 1031, 22 Sup. Ct. Rep. 946.

Messrs. J. Parker Kirlin, Charles R. Hickox, and Messrs. Convers & Kirlin for petitioner.

Mr. Wilhelmus Mynderse and Messrs. Butler, Notman, Joline, & Mynderse for respondents.

Mr. Justice Shiras delivered the opinion of the court:

Notes