Brown v. Harris
Massachusetts Supreme Judicial Court
Assumpsit on the money counts to recover back the sum oí fifty dollars paid by the plaintiff to the defendant. The case was argued at a former term, upon an agreed statement of facts, the substance of which is stated in the opinion.
1Opinion of the CourtThomas, J.
The agreed statement of facts shows a contract by the defendant to transport the plaintiff as a passenger in the defendant’s ship, from San Francisco to Panama, for the sum of fifty dollars, paid in advance. It shows also a failure to perform that contract, and that such failure was owing solely to the wrecking of the ship by a storm, and the consequent breaking up of the voyage. The plaintiff was put on shore at Mazatlan, less than half the distance to the port of destination, and there left, no provision having been made by the defendant to send him to Panama by any other ship, nor any…
2Cases cited4 opinions
- Caze v. Baltimore InsuranceSupreme Court of the United States · 1813
- Watson v. DuykinckNew York Supreme Court · 1808
- Welch v. HicksNew York Supreme Court · 1826
- Howland v. The LaviniaDistrict Court, D. Pennsylvania · 1801