Agricultural Bank of Mississippi v. Jane
Supreme Court of Louisiana
Eastern Dis APPEAL PROM THE COMMERCIAL COURT OP NEW ORLEANS. The Pontiff3 sue as the freighclrs of the Barque Jane, belonging to the defendant, to recover a large sum which they . allege they have laid out and expended on said vessel, after shipping on hoard of her 1100 hales of cotton, in consequence of her unseaworthiness at the time of shipment.
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Eastern Dis APPEAL PROM THE COMMERCIAL COURT OP NEW ORLEANS. The Pontiff3 sue as the freighclrs of the Barque Jane, belonging to the defendant, to recover a large sum which they . allege they have laid out and expended on said vessel, after shipping on hoard of her 1100 hales of cotton, in consequence of her unseaworthiness at the time of shipment. They further show that the defendant had chartered said vessel on the 4th December, 1837, to one N. S. Smith, to proceed on a voyage from the port of New-Orleans or Natchez, to Liverpool, or a port in France, and hack again; and that he guarantied…
1Opinion of the CourtGarland, J.
The plaintiffs allege that the Barque Jane was, in December,, 1837, chartered by her owner, Byrne, to N. S. Smith, for a voyage from Natchez or New-Orleans to Liverpool, or a port in France, and back again. That the Barque was warranted to be made sea-worthy, to stand A. 3 at the insurance offices, and in the charter party it is agreed, the price shall be four thousand four hundred dollars, $2,832 56, paid in cash, and the remainder at the expiration of the voyage. Smith was to pay all the port charges, the victualling and manning of the ship, and all and every expense attendant upon the…
2Cited by4 opinions
- Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
- State v. WrightSupreme Court of Louisiana · 1896
- Kohlman v. Witherell & Dobbins Co.Supreme Court of Louisiana · 1924
- The Canary No. 2United States Circuit Court · 1884