Legal Opinion

Brown v. Delano

Massachusetts Supreme Judicial Court

Decided July 15, 1815PublishedCited by 11 opinions

This was an action of replevin, to which the defendants pleaded property in a stranger ; replication, property in the plaintiff, and issue thereon. This issue was tried at an adjournment of this Court for the county of Bristol, held at Taunton, in May, 1814, before the present Chief Justice. The facts proved at the trial, as reported by the judge, were as follows.

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This was an action of replevin, to which the defendants pleaded property in a stranger ; replication, property in the plaintiff, and issue thereon. This issue was tried at an adjournment of this Court for the county of Bristol, held at Taunton, in May, 1814, before the present Chief Justice. The facts proved at the trial, as reported by the judge, were as follows. On the third of February, 1812, the defendants, being owners of a certain ship, entered into a charter-party with one E Brown, as agent of the company of Brown and others, merchants of Plymouth, in England, by which charter-party…

1Opinion of the CourtParker, C. J.

Three objections are made to the verdict in this case. 1. That E. Brown was not a competent witness. 2. That the judge, at the trial, ought to have instructed the jury, that freight was due from Savannah to New Bedford, and, therefore, sufficient money had not been tendered, to entitle the plaintiff to a delivery of the timber. 3. That an indemnity against the bill of lading, signed by the master of the ship and transmitted to England, should have been offered.

The first objection has, very properly, been abandoned ; it being manifest that Brown was merely an agent, without any interest in the…

2Cases cited1 opinion

  1. P. & G. Lorillard v. PalmerNew York Supreme Court · 1818

3Cited by11 opinions

  1. Hart v. FitzgeraldMassachusetts Supreme Judicial Court · 1807
  2. Williams v. BluntMassachusetts Supreme Judicial Court · 1806
  3. Gormly v. McIntoshNew York Supreme Court · 1856
  4. Paine v. ChaseWisconsin Supreme Court · 1861
  5. Clark v. RockwellMassachusetts Supreme Judicial Court · 1818

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