Creighton v. The George's Creek 6 F. Cas. 797, 5 Pittsb. Leg. J. 13

Case No. 3,382.

CREIGHTON v. The GEORGE’S CREEK.

[5 Pittsb. Leg. J. 13.]

Circuit Court, D. Maryland.

1857.

Shipfing — Carriage of Corn — Liability fob Shortage.

A vessel giving a clean bill of lading for a specified number of bushels of corn is liable for any deficiency, although she proves that she delivered all she received.

A decision of interest to merchants has just been made by Chief Justice TANEY, of the U. S. circuit court, Maryland, in the case of William Creighton, president of the Corn and Flour Exchange, vs. the Steamer George’s Creek. Some time in' April, 1855, says the Baltimore Patriot, of Friday, a lot of 9,13714 bushels of corn were shipped from that port to N. Y., for which a clean bill of lading was received. The steamer arrived safely, and the corn was lightered to the point of delivery, but when it was measured fell short 24014 bushels. Suit for damages was brought in' the U. S. district court1 and Judge GRIER [GILES] decided against the plaintiff. An appeal was taken, and the case came up before Judge TANEY. The defendants proved that they had delivered all the corn they had received, and that in New York grain was sold by weight. The complainant contended that formed no answer, as the difference might have been taken without knowledge of the officers or crew of the boat.