Hatch v. Tucker
Supreme Court of Rhode Island
Exceptioks to the Court of Common Pleas. This action was brought in the Justice Court of Providence, and carried by appeal to the Court of Common Pleas. The facts shown are: In July, 1877, the plaintiff’s vessel was loaded at' Perth Am-boy, New Jersey, by the Lehigh Valley Coal Co., with coal for Tucker, Swan & Co., of Providence. After the loading had been completed, a dispute arose between the captain and the Lehigh Valley Coal Co. as to the bill for trimming the cargo.
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Exceptioks to the Court of Common Pleas. This action was brought in the Justice Court of Providence, and carried by appeal to the Court of Common Pleas. The facts shown are: In July, 1877, the plaintiff’s vessel was loaded at' Perth Am-boy, New Jersey, by the Lehigh Valley Coal Co., with coal for Tucker, Swan & Co., of Providence. After the loading had been completed, a dispute arose between the captain and the Lehigh Valley Coal Co. as to the bill for trimming the cargo. The bill of lading was made out in the usual form, and contained a charge for trimming amounting to $17.04, which appeared…
1Opinion of the CourtPotter, J.
Tbe evidence, as allowed, states that tbe plaintiffs’ vessel in July, 1877, was loaded by a coal companu-, consignors, at Perth Amboy, New Jersey, with coal for Tucker, Swan & Co., Providence, Rhode Island. Tbe vessel not being properly trimmed, it appears to have been done by tbe consignors at an expense of $17.04, which tbe captain refused to pay to tbe consignors, and sailed without signing any bill of lading.
Although there are many items of evidence to imply that tbe coal was ordered by tbe consignees, and that therefore, so far as tbe cargo was concerned, the consignors were agents of…
2Cases cited8 opinions
- Everett v. SaltusNew York Supreme Court · 1836
- Krulder v. . EllisonNew York Court of Appeals · 1871
- Price v. . PowellNew York Court of Appeals · 1850
- Merian v. FunckNew York Supreme Court · 1847
- Davison v. . City BankNew York Court of Appeals · 1874
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