Milward v. Hallett
New York Supreme Court
This was an action' on the usual money counts, to recover a sum advanced to the captain of the defendant’s ship when abroad, and for which the captain had drawn bills upon his owner, who had refused to accept them. *Some time in January, 1801, the vessel sailed from Philadelphia to Port Eepublican, in Hispa-nolia, under a charter party to James Yard, of Philadelphia.
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This was an action' on the usual money counts, to recover a sum advanced to the captain of the defendant’s ship when abroad, and for which the captain had drawn bills upon his owner, who had refused to accept them. *Some time in January, 1801, the vessel sailed from Philadelphia to Port Eepublican, in Hispa-nolia, under a charter party to James Yard, of Philadelphia. In February she arrived at her place of destination, had discharged her outward cargo, and taken in part of one for Europe, pursuant to her charter party, when information was received that Yard had become a bankrupt. Upon this…
1Opinion of the CourtThompson, J.
The two questions arising out of this case, and made on the part of the defendant, are, 1. Whether James Hussey, was a competent witness ; 2. Whether the defendant is bound by the contract Hussey made with the plaintiff, and to what extent.
I think the master of the vessel was a competent witness. His testimony would tend equally to charge himself on a.ny event: and although, perhaps, he might himself have objected against being examined, yet, as his interest between these parties is equal, the objection .against him could, with propriety, be made by neither. The witness was liable to the…
2Cases cited4 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Bank of Charleston v. EmericThe Superior Court of New York City · 1850
- Halliday v. NobleNew York Supreme Court · 1847
- Myers v. McCarthyThe Superior Court of New York City · 1849
3Cited by13 opinions
- Marquand v. WebbNew York Supreme Court · 1819
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ingersoll v. Van BokkelinNew York Supreme Court · 1827
- The PacketU.S. Circuit Court for the District of Massachusetts · 1823
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