Gram v. Seton
The Superior Court of New York City
This was an action of covenant, upon the following charter-party.—“ Chartered from N. B. Gram, the brig Fancy, Miner “ master, for a voyage from hence to Angostura and back, for the “ sum of twenty-seven hundred and fifty dollars: twenty-five “ running lay-days to be allowed at Angostura to discharge the “ outward and receive the homeward cargo, and twenty dollars “ per day demurrage for detention over that time.
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This was an action of covenant, upon the following charter-party.—“ Chartered from N. B. Gram, the brig Fancy, Miner “ master, for a voyage from hence to Angostura and back, for the “ sum of twenty-seven hundred and fifty dollars: twenty-five “ running lay-days to be allowed at Angostura to discharge the “ outward and receive the homeward cargo, and twenty dollars “ per day demurrage for detention over that time. The said N. “ B. Gram agrees to pay all the customary port charges to the “ vessel belonging. The whole vessel chartered, excepting the “ cabin and usual room for provisions:—one…
1Opinion of the CourtJones, C. J.
This is an action of covenant on a charter-party of affreightment of the brig Fancy, Miner, master, for a voyage from New-York to Angostura and back, to recover of the defendants, as the charterers, the stipulated freight, and further demands for demur-rage and passage money..The defendant ci^ved oyer, and then pleaded non estfactum, and payment of the stipulated freight money. The evidence in support of the latter plea does not appear in the case, yet'it must have been proved or admitted, for the verdict of the jury is for $63 only, which could not be for the freight of the vessel. The…
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