Welch v. Hicks
New York Supreme Court
^SSUMPSIT for freight of the ship Romeo, from Peters? burcrj), ⅛ Russia, to Priancetown in Massachusetts ; tried ° 1 at the New-York circuit, April 12th, 1824, before Eu-o t J wards, C. Judge.
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^SSUMPSIT for freight of the ship Romeo, from Peters? burcrj), ⅛ Russia, to Priancetown in Massachusetts ; tried ° 1 at the New-York circuit, April 12th, 1824, before Eu-o t J wards, C. Judge. The declaration stated, that the plaintiff, the owner of but the ship was the ship, received goods on board at St. Petersbvrgh, con signed to the defendant at New-York o forced by the violence of winds and tempests, to put into Princetown, on her voyage to New-York, where the defendant elected to receive the goods, and did receive ° them, and release the plaintiff from his obligation to trans-Port them…
1Opinion of the Court
Curia, per
Sutherland, J.
This court has repeatedly held, that freight pro rata itineris is due, where a ship, in consequence of the perils of the sea, without any fault of the master, goes into a port short of her destination ; and is unable to prosecute the voyage ; and the goods are received by the owner at such intermediate port. (2 Caines, 21. 1 John. 27. 2 John. 323, 336. 9 John. 19, 20, 186.) This principle has been adopted frem the decisions of the English courts, commencing with Luke v. Lyde, (2 Burr. 882,) and continued, without any essential conflict or contrariety, down to the…
2Cases cited4 opinions
- Post & Russell v. RobertsonNew York Supreme Court · 1806
- Emans v. TurnbullNew York Supreme Court · 1807
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
- Williams v. SmithNew York Supreme Court · 1804
3Cited by4 opinions
- Bork v. NortonU.S. Circuit Court for the District of Illinois · 1841
- Atlantic Mut. Ins. v. Bird & NeilsonThe Superior Court of New York City · 1867
- Brown v. HarrisMassachusetts Supreme Judicial Court · 1854
- Weston v. MinotU.S. Circuit Court for the District of Massachusetts · 1847