Drummond v. Wood
New York Supreme Court
This was a special action on the case, to recover from tbe defendant, master of the ship Spy, the value of seventy five pipes, four hogsheads, and twelve quarter casks of Madeira, shipped on board his vessel, for the East Indies, and consigned to his care, under a letter of instructions containing the following orders : “You are empowered to dispose of these wines, either at Ceylon or Calcutta, or at both places, provided that they liquidate us the cost of invoice,…
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This was a special action on the case, to recover from tbe defendant, master of the ship Spy, the value of seventy five pipes, four hogsheads, and twelve quarter casks of Madeira, shipped on board his vessel, for the East Indies, and consigned to his care, under a letter of instructions containing the following orders : “You are empowered to dispose of these wines, either at Ceylon or Calcutta, or at both places, provided that they liquidate us the cost of invoice, independent of the freight, commission, and other charges. Which, when done, you will make use of the net proceeds, and remit the…
1Opinion of the CourtThompson, J.
We think the plaintiffs are not entitled to a recovery. The instructions to the master were, to dispose of the wine immediately if he could obtain a given sum, and to remit the proceeds to Stephen Kingston, of Philadelphia; otherwise to leave it with Prager & Co. for disposal, under the same limited orders as to price and remitting. By the postscript of the letter to Prager & Co. according to the reasonable interpretation thereof, the plaintiffs gave the master some discretionary powers. On his arrival at Calcutta, he could find no market for the wine, and the house of Prager & Co. had…
2Cited by1 opinion
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