Escopiniche v. Stewart
Supreme Court of Connecticut
of the nine Judges, (ante 262. 269.) at an adjourned term of the superior court, at Neiv-Haven, in Sprit 18Í8, before Trumbull, Baldío in and Hosmer, Js. A NEW trial was had in this cause, pursuant to the advice The case, as it then appeared, was as follows.
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of the nine Judges, (ante 262. 269.) at an adjourned term of the superior court, at Neiv-Haven, in Sprit 18Í8, before Trumbull, Baldío in and Hosmer, Js. A NEW trial was had in this cause, pursuant to the advice The case, as it then appeared, was as follows. The defendant shipped 39 casks and 60 bags of rice, taken from the British ship Ramilies, lying off the port of New-London, on board the plaintiff’s brig Hector, lying near the Ramilies, on a contract between the parties, that the plaintiff should transport this rice to the island of Bermuda, at a freight of three dollars per cask, and…
1Opinion of the Court
Swift, Ch. J,
Nothing but the voluntary acceptance of goods at an intermediate port, by the owner or his agent, will render him liable to pay a rateable freight in proportion to the part of the voyage performed. Such acceptance releases the master or owner of the ship from bis contract to carry the goods to the place of destination, and the law will imply a contract to pay rateable freight. But the reception of the money for which the goods sold, is not equivalent to a voluntary acceptance of the goods: for this amounts only to a ratification of the sale of the goods, and a consent to receive…
2Cases cited2 opinions
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
- Escopiniche v. StewartSupreme Court of Connecticut · 1817
3Cited by2 opinions
- In re the Two Contested Wills of EhminneNew York Surrogate's Court · 1899
- Weston v. MinotU.S. Circuit Court for the District of Massachusetts · 1847