Lewis v. Williams
The Superior Court of New York City
This was an action of assumpsit to recover back a sum of money had and received by the defendant, as the plaintiff’s proportion of a general average, for loss by the brig Concord, settled at Mobile in the state of Alabama. The facts of the case were these.
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This was an action of assumpsit to recover back a sum of money had and received by the defendant, as the plaintiff’s proportion of a general average, for loss by the brig Concord, settled at Mobile in the state of Alabama. The facts of the case were these. The plaintiff and defendant were both shippers of goods on board the brig Concord from New-York to Mobile, The brig sailed from New-York on the 18th of December, 1824, and on the 11th of January following, after she had received a pilot, and after she had crossed the bar, she ran on shore near Mobile point, with her pilot on board.' While…
1Opinion of the CourtJones, C. J.
The leading questions in this cause are, whether the damage to the defendant’s goods in the lighter, was an item chargeable upon the cargo for general average, and whether the adjustment of the average at Mobile is conclusive.
It appears that the brig, on her voyage to Mobile, and after she had taken a pilot to conduct her in, and had crossed the bar, ran on shore near Mobile Point, and for the purpose of lightening her, so as to put her afloat, the master caused the whole cargo to be taken out of her, and put into smaller vessels and lighters, and sent on to Mobile, the port of destination ;…
2Cases cited5 opinions
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- Walden v. Le RoyNew York Supreme Court · 1805
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- Bergmann v. . JonesNew York Court of Appeals · 1883
- Star of HopeSupreme Court of the United States · 1870
- Bosi v. New York Herald Co.New York Supreme Court · 1901
- Langdon v. ShearerAppellate Division of the Supreme Court of the State of New York · 1899
- Lyon v. AlvordSupreme Court of Connecticut · 1846
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