McMaster v. Brander
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. This was an action to recover from the defendants, owners of the ship Harkaway, damages for the non-delivery of a case of merchandize shipped by the plaintiffs. The petition did not allege that the defendants had been put in default. The violation of the contract of affreightment, was a passive one, and the plaintiffs cannot recover, without proving that the defendants were put in mora. Civ.
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Appeal from the District Court of the First District, Buchanan, J. This was an action to recover from the defendants, owners of the ship Harkaway, damages for the non-delivery of a case of merchandize shipped by the plaintiffs. The petition did not allege that the defendants had been put in default. The violation of the contract of affreightment, was a passive one, and the plaintiffs cannot recover, without proving that the defendants were put in mora. Civ. Code, arts. 1925, 1926. The institution of suit did not put defendants in default, the action not being for specific performance, or for…
1Opinion of the CourtSimoN, J.
This case was before us in April, 1840, (15 La. 206,) and was then remanded for further proceedings, for the purpose of affording the plaintiffs an opportunity of proving the value of the goods for which, they seek to make the defendants liable. The case went back to the District Court, which, after having received some evidence in relation to the value of the goods, rendered judgment in favor of the plaintiffs, for costs only. From this judgment, the plaintiffs have appealed.
This being a claim for damages for the non-delivery of certain goods and merchandize, in compliance with a contract of…
2Cases cited2 opinions
- Rowe v. HallSupreme Court of Louisiana · 1830
- M'Master & Hyde v. BranderSupreme Court of Louisiana · 1840
3Cited by2 opinions
- Industrial Discount Co. v. SchererLouisiana Court of Appeal · 1929
- Lallande v. BallSupreme Court of Louisiana · 1868