Bevan v. Bank of United States
Supreme Court of Pennsylvania
This was an action of assumpsit, brought by Matthew L. Bevan, May Humphreys, James Lefever, and Christopher Vandyke, against the President Directors and Company of the Bank of the United States. The plaintiffs were the owners, of a ship called the Edward Bonaffe, which sailed in November, 1831, on a voyage from New Orleans to Philadelphia. The defendants were the owners of the-sum of $90,000 in specie, shipped on board of this vessel.
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This was an action of assumpsit, brought by Matthew L. Bevan, May Humphreys, James Lefever, and Christopher Vandyke, against the President Directors and Company of the Bank of the United States. The plaintiffs were the owners, of a ship called the Edward Bonaffe, which sailed in November, 1831, on a voyage from New Orleans to Philadelphia. The defendants were the owners of the-sum of $90,000 in specie, shipped on board of this vessel. The action was brought to recover the sum of $1178 75, with interest, alleged to be the proportion which the owners of the specie" were bound to contribute…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J. —
No question was made on the trial of the cause that the stranding of the vessel did not place her and the cargo on board in danger of being lost, unless speedy measures were taken for her preservation. This being the case; and the measures resorted to for the purpose of averting the danger which threatened the whole concern, having proved effectual in saving both, the vessel and cargo, became, as it would seem, the subject of general average; so that the expenses thereby incurred in preserving the ship and cargo must be borne…
2Cases cited2 opinions
- Caze v. ReillyU.S. Circuit Court for the District of Pennsylvania · 1814
- Gray v. WalnSupreme Court of Pennsylvania · 1816
3Cited by8 opinions
- McAndrews v. ThatcherSupreme Court of the United States · 1866
- Nelson v. . BelmontNew York Court of Appeals · 1860
- Compagnie Generale Transatlantique v. HoguetDistrict Court, S.D. New York · 1888
- Pacific Mail Steamship Co. v. New York, H. & R. Min. Co.Court of Appeals for the Second Circuit · 1896
- The MulhouseDistrict Court, S.D. Florida · 1859
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