Legal Opinion

McGloin v. Henderson

Supreme Court of Louisiana

Decided June 15, 1834PublishedCited by 1 opinion

APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff alleges that he entered into a contract of affreightment or charter party on the 1st of October 1833, in New-York, with the defendants, owners of the schooner Messenger, for the use of the hold and cabin of said schooner, to carry passengers on a voyage from the city of New-York to the port of Aransasua, in Texas, for which '• he was to pay seven hundred dollars; the owners furnishing every…

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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. The plaintiff alleges that he entered into a contract of affreightment or charter party on the 1st of October 1833, in New-York, with the defendants, owners of the schooner Messenger, for the use of the hold and cabin of said schooner, to carry passengers on a voyage from the city of New-York to the port of Aransasua, in Texas, for which '• he was to pay seven hundred dollars; the owners furnishing every thing necessary to the voyage; that a penal clause was inserted in said contract by which the party who violated, or…

1Opinion of the CourtBullard, J.

The plain tiff sues the owners of the schooner Messenger, to recover back the sum of three hundred and fifty dollars paid by him on a contract of charter-party, together with one thousand dollars, the penalty stipulated in the contract in case of its non performance. The charty-party shows that the owners had let to freight the hold of the schooner for a voyage to be made from New-York, to Aransasua in Texas, then to be discharged, the dangers of the sea excepted. The The charterer was authorised to load and put on board a loading of such goods and merchandise as he should think proper,…

2Cited by1 opinion

  1. Richie v. BassSupreme Court of Louisiana · 1860

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