Meyer v. Pacific Mail Steamship Co.

• Decision Date: 06 December 1893
• Docket Number: 10,316.
• Court: U.S. District Court — Northern District of California
• Parties: MEYER et al. v. PACIFIC MAIL STEAMSHIP CO.

58 F. 923

MEYER et al. v. PACIFIC MAIL STEAMSHIP CO.

No. 10,316.

United States District Court, N.D. California.

December 6, 1893

Andros & Frank, for libelants.

Ward McAllister, Jr., for respondent.

MORROW District Judge.

The libel alleges that on the 22d day of May, 1891, E. L. G Steele & Co., of San Francisco, delivered to the Pacific Mail Steamship Company, at the port of San Francisco, state of California, 2,200 gunnies of wheat and 5,000 gunnies of corn in good order and well-conditioned, to be carried and transported upon the steamer San Blas, or any of said company's steamers, or steamers employed by them, then lying in the part of San Francisco, and bound for Panama unto the port of Champerico, in the republic of Guatemala and there delivered in good order to the libelants, who were then and there the owners thereof, for the fright of $3,726.88, to be paid by the said libelants; the said E.

L. G. Steele & Co. receiving therefor from the said Pacific Mail Steamship Company a bill of lading and contract of affreightment, which is annexed to the libel.

It is further alleged that, although the said freight was prepaid upon said merchandise, the said Pacific Mail Steamship Company did not carry all of said merchandise upon said steamer San Blas, or upon any of said company's steamers, or upon any steamer employed by them, then lying in the port of San Francisco; but, on the contrary, in violation of their said contract of affreightment, only carried a part of said merchandise upon said steamer San Blas, leaving behind 250 gunnies of wheat and 1,433 gunnies of corn, which said merchandise was not shipped or carried forward as in said bill of lading or contract of affreightment specified, but was delayed and carried forward by a steamer not in the port of San Francisco on said 22d day of May, 1891, but which arrived subsequently thereto, whereby the libelants lost the market for which said merchandise was destined, to their damage in the sum of $692.30 in United States gold coin.

The answer of the respondents admits the delivery of the bill of lading, but alleges, among other things, that it was made and delivered by the mutual mistake of respondent and E. L. G Steele & Co.; that it was the mutual intent and meaning of the respondent and E. L. G. Steele & Co. that no less than 300 tons of the corn and wheat should be carried and transported to the port of Champerico on the respondent's steamer San Blas, and that the balance of the corn and wheat should be carried and transported to the port of Champerico by the respondent's steamer then advertised to sail on June 3, 1891, and it should have been so stated in the contract of affreightment, and it was the mutual intention of the parties to the contract of affreightment that the bill of lading and contract of affreightment made and delivered to E. L. G. Steele & Co. by the respondent should fully express the contract made, but, through inadvertance and by mutual mistake of the parties thereto, the bill of lading and contract of affreightment were made and delivered as alleged...