Solomon v. Higgins
New York Supreme Court
Error from the superior court of the city of New-York. Higgins sued Solomon in an action of covenant on a charter party of affreightment, whereby Higgins let to freight to Solomon a brig called the Emblem, upon a voyage from New-York to Gibraltar, thence to Santa Cruz, in the island of Teneriffe, thence to Havana, and then home to New-York ; reserving the cabin for the captain and his officers, except that a supercargo should have his passage free therein.
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Error from the superior court of the city of New-York. Higgins sued Solomon in an action of covenant on a charter party of affreightment, whereby Higgins let to freight to Solomon a brig called the Emblem, upon a voyage from New-York to Gibraltar, thence to Santa Cruz, in the island of Teneriffe, thence to Havana, and then home to New-York ; reserving the cabin for the captain and his officers, except that a supercargo should have his passage free therein. Solomon, on his part engaged to pay $3000, together with $100 primage for the hire of the brig, $500 to be paid at Gibraltar, $500 at…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Under the first point, it is contended that the plaintiff failed to perform on his part, and therefore cannot recover. It is certainly true, that so far as performance by the plaintiff was a condition precedent, he was bound to shew performance, before he could claim to recover. Five hundred dollars were to be paid at Gibraltar. Had the vessel never arrived there, or had the cargo not been delivered, by reason of any fault on the part of the plaintiff the money could not have been demanded. So also of the return to Santa Cruz, Havana and New-York, and the delivery…
2Cited by1 opinion
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