Croucher v. Wilder
Massachusetts Supreme Judicial Court
Tort .by a stevedore against the wharfinger of Constitution Wharf in Boston, to recover damages upon the following case: At the trial in the superior court, before Vose, J., the plaintiff introduced evidence tending to show that on October 10,1865, he made a bargain with the master of the barque Mary A. Troup, then by authority of the defendant lying at Constitution Wharf, which was a plank wharf, for the purpose of discharging her cargo of iron, to discharge the same for…
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Tort .by a stevedore against the wharfinger of Constitution Wharf in Boston, to recover damages upon the following case: At the trial in the superior court, before Vose, J., the plaintiff introduced evidence tending to show that on October 10,1865, he made a bargain with the master of the barque Mary A. Troup, then by authority of the defendant lying at Constitution Wharf, which was a plank wharf, for the purpose of discharging her cargo of iron, to discharge the same for forty cents per ton ; and the next morning laid down upon the wharf, by the vessel, a wooden platform for his horse to…
1Opinion of the CourtBigelow, C. J.
The plaintiff is entitled to a new trial. It is a well established principle of law, applicable to all contracts, especially to those of a mercantile character, that they are deemed to be entered into with reference to the usages of trade and business which prevail at the place where the contracts are made and to be performed. Such usages are presumed to be known, and to be within the contemplation of all persons who enter into contracts concerning matters to which they relate, and they become engrafted into contracts with like effect as if they had formed a part of the express stipulations…
2Cases cited1 opinion
- Lamb v. ParkmanDistrict Court, D. Massachusetts · 1857
3Cited by2 opinions
- Mooney v. Howard InsuranceMassachusetts Supreme Judicial Court · 1885
- Spotswood v. MathewsDistrict Court, S.D. Alabama · 1887