|
|
Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949)
Alcoa Steamship Co., Inc. v. United States No. 271 Argued November 16, 1949 Decided December 19, 1949 338 U.S. 421
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
Government property which was being carried by sea under a standard form government bill of lading was lost by enemy action before reaching its destination. The government bill of lading provided that, "unless otherwise specifically provided or otherwise stated hereon," the shipment would be governed by the rules and conditions applicable to commercial shipments, but payment was conditioned on presentation of the bill of lading "properly accomplished," and of a "freight voucher prepared on the authorized Government form." A "goods or vessel lost or not lost" provision in the carrier’s commercial bill of lading would have entitled the carrier to payment of the freight had the shipment been a commercial one.
Held: the terms of the government bill of lading, considered with provisions of the required voucher, were inconsistent with the "goods or vessel lost or not lost" provision, and the United States was not liable for the freight on the lost property. Pp. 422-429.
175 F.2d 661, affirmed.
In a suit against the United States under the Tucker Act, now 28 U.S.C. § 1346, to recover a sum alleged to have been due under a contract of affreightment, the District Court gave judgment for the claimant. 80 F.Supp. 158. The Court of Appeals reversed. 175 F.2d 661. This Court granted certiorari. 338 U.S. 813. Affirmed, p. 429.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949) in 338 U.S. 421 338 U.S. 422. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3UEAWHAEG9DI5PD.
MLA: U.S. Supreme Court. "Syllabus." Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949), in 338 U.S. 421, page 338 U.S. 422. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3UEAWHAEG9DI5PD.
Harvard: U.S. Supreme Court, 'Syllabus' in Alcoa Steamship Co., Inc. v. United States, 338 U.S. 421 (1949). cited in 1949, 338 U.S. 421, pp.338 U.S. 422. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3UEAWHAEG9DI5PD.
|