272 F. 120 | S.D.N.Y. | 1919
It may very well be true that what now looks like the defense most likely to prevail on this trial was not thought of when respondent-pleaded; but, if the pleading is wide enough, that is nothing against the defense. It seems to me that the facts in this case present a rather new, but growing, method of performing lighterage business in this-harbor. The libelant asserts in substance that it employed the Sunset Corporation to transport this cotton from one pier to another.
On these facts, whatever may be the liability of the Guinan in rem, it is plain to me:
(1) That the Sunset Corporation never undertook as a carrier to transport this cotton.
(2) They did not as charterers of. the Guinan accept the cotton as freight.
(.T They did furnish the Guinan to Williams & Terhune (or, what is the same thing, to the Bashinsky Cotton Company as now appears) for the purpose of transporting their own cotton at their own charges.
So much for the law as I understand it. As matter of common sense, it is against every inclination of fairness or good business to hold on these facts that there was any intent or purpose on the part of the Sunset Corporation to accept a carrier’s responsibility for thousands of bales of cotton for $1.50 a day.
Libel dismissed, with costs as to the Bashinsky Company, and without costs as to Williams & Terhune.