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Charles Richardson and others, Claimants of the Barque Tangier, Appellants, v. David Goddard and others U.S. 28 (1860)

handle is hein.slavery/ussccases0173 and id is 1 raw text is: SUPREME COURT.

Richardson et al. v. Goddard et al.
We affirm the decree of the Circuit Court in this case, and
shall remand it there for execution.
CHARLES RICHARDSON AND OTHERS, CLAImANTS OF THE BARQuE
TANGIER, APPELLANTS, V. DAVID GODDARD AND OTHERS.
The general rules which regulate the delivery of goods by a carrier, by land or
water, explained.
Where the master of a vessel delivered the goods at the ptace chosen by the con-
signees, at which they agreed to receive them, and did receive a large portion
of them after full and fair notice, and the master deposited them for the con-
signees in proper order and condition at mid-day, on a week day, in good
weather, it was a good delivery according to the general usages of the com-
mercial and maritime law.
The fact that the Governor of the State had appointed a day as a general fast
day, did not abrogate the right of the master to continue the delivery of the
goods on that day. Holiday is a privilege, not a duty.
There was neither a law of the State forbidding the transaction of business on-
that day nor a general usage engrafted into the commercial and maritime
law, forbidding the unlading of vessels on the day set apart for a church festi-
val, fast, or holiday; nor a special custom in the port, forbidding a carrier from
unloading his vessel on such a day.
In the absence of these legal restrictions, the master had a right to continue the
delivery of the goods on the wharf on a fast day.
THIS was an appeal from the Circuit Court of the United
States. for the district of Massachusetts.
It was the case of a libel filed in the District Court by God-
dard & Pritchard, against the barque Tangier, f6r the non-de-
livery of 6ertain bales of cotton shipped at the port of Apa-
lachicola. The barque arrived'at Boston, and the cotton was
lost tnder the circumstances mentioned in the opinion of the
court. The District Court dismissed the libel, but this decree
was reversed by the Circuit Court, and the vessel ordered-to
pay the amount reported by the assessor. The claimants of
the vessel appealed to this court.
The case was argued by Mr. Shepley for the appellants, and
by Mr. Gushing for the appellees.

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