Ellis v. Atlantic Mutual Insurance

Citations

• 108 U.S. 342
• 2 S. Ct. 746
• 27 L. Ed. 747
• 1883 U.S. LEXIS 1045

Syllabus

<p>Affreightment — Contract—Freight—Total loss.</p> <p>Where a vessel, before she breaks ground for a voyage, is so injured by fire that the cost of her repairs would exceed her value when repaired, and she . is rendered unseaworthy and. incapable of earning freight, a contract of affreightment for the carriage of cotton by her to a foreign port, evidenced by a bill of .lading, containing the usual and customary exceptions, and providing for the payment of the freight money on the delivery of the cotton at that port, is thereby dissolved, so that the shipper is not liable for any part of the freight money, nor for any of the expenses paid by the’ vessel for compressing and stowing the cotton.</p>