Roberts v. . Opdyke
New York Court of Appeals
This was an appeal from the judgment entered hy direction of the General Term of the Superior Court of New York, upon a verdict ordered for $10,516.08, in favor of the plaintiff, being a portion of the freight unpaid, of the steamer Philadelphia, upon a voyage from New York tó New Orleans and back.
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This was an appeal from the judgment entered hy direction of the General Term of the Superior Court of New York, upon a verdict ordered for $10,516.08, in favor of the plaintiff, being a portion of the freight unpaid, of the steamer Philadelphia, upon a voyage from New York tó New Orleans and back. The plaintiff was the owner of the steamer, which was chartered by the defendant for a round trip from New York to New Orleans and return, at the stipulated freight of $25,000, payable on her arrival at New York. $15,000 had been paid hy the defendant. The vessel was 1,000 tons by measurement. The…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It appears that, when 362 tons of cargo had been placed upon the steamer, she drew fourteen feet of water. The complaint of the defendant is, that he was not allowed to load her with 700 tons in weight, or that she could not carry 700 tons in weight without drawing more than fourteen feet of water. It is insisted, that the contract gave the defendant the absolute right to load the vessel to the extent of 700 tons, in weight, and even to a greater weight,…
2Cited by2 opinions
- Dwight & Lloyd Sintering Co. v. American Ore Reclamation Co.Court of Appeals for the Second Circuit · 1920
- Baird v. HagenAppellate Division of the Supreme Court of the State of New York · 1911