Liotard v. Graves
New York Supreme Court
•ASSUMPSIT to recover the balance of an account current. The amount of which was allowed to be just, provided the plaintiffs were entitled to compound interest on the annual rests, and had not made themselves liable for the value of a cargo consigned to them by the defendant and George Barnewall.
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•ASSUMPSIT to recover the balance of an account current. The amount of which was allowed to be just, provided the plaintiffs were entitled to compound interest on the annual rests, and had not made themselves liable for the value of a cargo consigned to them by the defendant and George Barnewall. To ascertain these points, the case which had been referred to arbitration by consent, now came up for the direction of the court On the points of law, all objections as to the right of setting off the misfeasance of the plaintiffs being waived. From the voluminous correspondence spread before the…
1Opinion of the Court
' Spencer, J.
The questions submitted by the case are, 1st. Whether the allowance of interest is a question of law, and if so, whether thejjplaintiffs are entitled to it. 2d ? Whether the defendant is liable for certain monies paid by the plaintiffs in London, to B. Weeks, master of the brig Columbia l 3d. Whether the defendant is entitled to one half of the amount of insurance, made by the plaintiffs on the cargo of the brig Columbia, or to what part thereof ? 4th. Whether the plaintiffs are responsible for their default or 'mismanagement, as agents or consignees, in relation to the capture…
2Cited by15 opinions
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- Austill v. CrawfordSupreme Court of Alabama · 1845
- Calhoun ex rel. Fitzimmons v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1808
- Leverick v. MeigsNew York Supreme Court · 1824
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