Judah v. Kemp
New York Supreme Court
This was an action of trover for goods shipped by one of the plaintiffs, residing in London, on board of the ship Factor, of which the defendant was master, for New York. The ship arrived at New York on the 22d of December, 1799, and on the next' day the consignee assigned the bill of lading to the plaintiffs, who are partners, some of whom reside in New York.
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This was an action of trover for goods shipped by one of the plaintiffs, residing in London, on board of the ship Factor, of which the defendant was master, for New York. The ship arrived at New York on the 22d of December, 1799, and on the next' day the consignee assigned the bill of lading to the plaintiffs, who are partners, some of whom reside in New York. The endorsement on the bill of lading was as follows : “ For value received, I assign the cases and goods within mentioned to Benjamin S. Judah and brothers or order. 23d December, 1799. N. Judah.” The goods were entered at the custom…
1Per curiam
When the defendant refused to deliver the goods on the ground that his owners had ordered him not to deliver them, a tender of the freight was not necessary. The plaintiffs, however, did tender a sum of money for freight, though the amount does not appear ; but as the defendant did not make any demand of freight, nor object to the tender, it was sufficient. The goods were not detained by the defendant on the ground of his lien, but for a different reason, which amounted to a waiver of the tender.(a) His refusal, therefore, is evidence of a conversion, and the plaintiffs are entitled to…
2Cited by3 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Munson v. PorterSupreme Court of Iowa · 1884
- M. M. Walker Co. v. Dubuque Fruit & Produce Co.Supreme Court of Iowa · 1898