Legal Opinion
Hughes, Inc. v. Browning, Wells & Co.
Appellate Terms of the Supreme Court of New York
Decided July 13, 1936Published
1Per curiam
The president of the defendant corporation, knowing that the cargo had been on fire, without taking any steps to ascertain if the fire had been extinguished, voluntarily signed the charter party without reservation or exception, which, if he desired, he could have inserted in the contract. One who makes a positive agreement to do a lawful act is not absolved from liability for a failure to fulfill his covenant by a subsequent impossibility of per*215formance caused by an act of God or an unavoidable accident. (Buffalo & L. Land Co. v. Bellevue L. & I. Co., 165 N. Y. 247; Marsh v. Johnston, 125…
2Cases cited4 opinions
- Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
- Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.New York Court of Appeals · 1901
- Marsh v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1908
- Marsh v. . JohnstonNew York Court of Appeals · 1909