Fenwick Shipping Co. v. Clarke Bros.
Supreme Court of Georgia
Attachment. Before Judge Seabrook. McIntosh superior court. August 15, 1908. Cited on payment under duress: Ga. B. 126/717; 123/655; 122/812; 115/864; 111/412; 94/672; 90/698; 81 N. W. 494; 114 Mass. 364 (19 Am. E. 368); 68 Mich. 263 (13 Am. St. E." 339) ; 10 Am. & Eng. Ene. L. (2d ed.) 328.
1Opinion of the CourtBeck, J.
Under the provisions of a charter party entered into between the parties in this case, Clarke Brothers, the charterers, were to advance to the master of the Steamship “Burbobank,” whenever required by him, a sufficient sum of money to meet the steamer’s ordinary disbursements at the port of loading, and the amount so advanced was to be subject to a commission charge of 2% per cent. Pursuant to this provision, Clarke Brothers advanced the sum of $7,436.50 at the port of Darien, Ga., and the master paid them therefor the prescribed commission of 2% per cent., amounting to $185.91. Subsequently…
2Cases cited1 opinion
- Whitt v. BlountSupreme Court of Georgia · 1906
3Cited by12 opinions
- Metropolitan Life Insurance v. SaulSupreme Court of Georgia · 1939
- Jones v. HowardCourt of Appeals of Georgia · 1980
- Harris v. NeilSupreme Court of Georgia · 1916
- Crider v. HeddenCourt of Appeals of Georgia · 1921
- Brown v. City of MariettaSupreme Court of Georgia · 1965
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