Smith v. Elder
New York Supreme Court
THIS was a special action on the case. The declaration was in substance, as follows : The plaintiff was owner of the American ship, the Factor, of w'hich one Caldwell was master, on the 5th June, 1805. The ship was then fying m the port of New-Tork, bound on a voyage to Greenock in Scotland< The defendant, (who had taken a passage on board of the ship) without the knowledge or consent of the plaintiff, as owner, or of the master, and contrary to the express orders and advice…
Read the full summary
THIS was a special action on the case. The declaration was in substance, as follows : The plaintiff was owner of the American ship, the Factor, of w'hich one Caldwell was master, on the 5th June, 1805. The ship was then fying m the port of New-Tork, bound on a voyage to Greenock in Scotland< The defendant, (who had taken a passage on board of the ship) without the knowledge or consent of the plaintiff, as owner, or of the master, and contrary to the express orders and advice of the plaintiff, 1 r i. r j • 1 , , , i , . and of the master, clandestinely put on board of the ship a quantity of…
1Opinion of the CourtVan Ness, J.
A new trial is moved for, in this cause, upon two grounds.
1. That as the plaintiff had declared in tort, the evidence was not sufficient to prove it, inasmuch as an action for a misfeasance, or tort, cannot be maintained for an act done merely in contravention of the revenue laws of Great-Britain.
2. A book entitled, “ The Law of Shipping,” £s?e. was not legal evidence of the statute laws of Great-Britain, and that parol evidence thereof - could not be received.
The defendant cannot avail herself of the first ground, on a motion for a new trial. If the plaintiff has not disclosed, in his…
2Cited by5 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Bailey v. DozierSupreme Court of the United States · 1848
- Carpenter v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1872
- Nichol v. PattersonOhio Supreme Court · 1829