Propeller Monticello v. Mollison

THIS was an appeal from the circuit court of the United States for the northern district of New York.

It was a case of collision, in September, 1850, upon Lake Huron, between a propeller called Monticello, and a schooner called The Northwestern, by which the schooner and her cargo were entirely lost.

In April, 1851, Mollison, the owner of the schooner, libelled the propeller, then lying in the port of Buffalo. Wilson, the master and claimant of the propeller, answered the libel, and much testimony was taken on both sides. In May, 1852, the district judge decreed that the libellant should receive the sum of $6,000, as the value of the schooner, and the further sum of $150, as the value of the salt which constituted the cargo. The case being carried, by appeal, to the circuit court, the decree was affirmed in September, 1853. The master of the propeller appealed to this court.

It was argued by Mr. Gillet, for the appellant, and by Mr. Grant, for the appellee.

Almost all the arguments of counsel were founded upon their different versions of the evidence; and as the substance of this is given in the opinion of the court, the reporter has concluded to omit the views taken of it by the respective counsel.

Mr. Justice GRIER delivered the opinion of the court.