Purvis v. Tunno
Supreme Court of South Carolina
Motion for a new trial. The action was on a charter party, and was tried in Charleston, before Grimke, J. The contract was ior the affreightment of plaintiff’s brig, from Charleston to. Cowes and a market. It appeared that the defendants had chartered the whole brig, and were lading her at a wharf, and had put on board a considerable number of articles.
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Motion for a new trial. The action was on a charter party, and was tried in Charleston, before Grimke, J. The contract was ior the affreightment of plaintiff’s brig, from Charleston to. Cowes and a market. It appeared that the defendants had chartered the whole brig, and were lading her at a wharf, and had put on board a considerable number of articles. The captain removed the vessel from the dock to the head of the wharf, where she grounded, and received considerable injury, starting her butt ends, and springing a leak. The vessel was then taken to another wharf, where she discharged the…
1Opinion of the Court
Per Curiam. (Bay, Johnson, Trezevant, and Brevard, Justices; absent, Grimke, J. and Waties, J.)
The material question in this case seems to be, whether or not the vessel was in readiness within a reasonable time after the accident ; and this was a question within the province of the jury, depending on matters of fact, and the rules of Jaw applicable to those facts. In mercantile transactions, de-patch is often times of much importance ; and the defendants might have sustained considerable prejudice in point of interest, if they had waited until this vessel was repaired, before they sent away…
2Cases cited3 opinions
- M'Intire v. BowneNew York Supreme Court · 1806
- Kendrick v. DelafieldNew York Supreme Court · 1804
- Snell, Stagg, & Co. v. RichNew York Supreme Court · 1806