Bradstreet v. Baldwin
Massachusetts Supreme Judicial Court
Covenant broken upon a charter-party, whereby the plaintiffs let to the defendant the brig Washington, whereof Charles Backus was master, for a voyage from Boston to the Island of Tobago and back to Boston, for the sum of 2100 dollars for the whole voyage; and in said charter-party was contained (amongst others, on which no question arose) the following agreement, viz.: “ As soon as said brig is loaded, the master shall without delay clear out at the custom-house, and return…
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Covenant broken upon a charter-party, whereby the plaintiffs let to the defendant the brig Washington, whereof Charles Backus was master, for a voyage from Boston to the Island of Tobago and back to Boston, for the sum of 2100 dollars for the whole voyage; and in said charter-party was contained (amongst others, on which no question arose) the following agreement, viz.: “ As soon as said brig is loaded, the master shall without delay clear out at the custom-house, and return with all possible despatch to the port of Boston, and there deliver said cargo to said Baldwin, at such wharf as he may…
1Opinion of the Court
The Court
observed that, if the defence was to avail the defendant, it must be on the ground that the covenant, as it is expressed in the charter-party, was to pay 2100 dollars in full for the freight in thirty days after the return cargo should be discharged.
If there was evidence of a readiness, on the part of the plaintiffs, to deliver the cargo to the defendant, and the actual delivery and discharge of it had been prevented by the neglect of the defendant to receive it, or if the delivery was intercepted by an attachment or seizure for a default of the defendant, the plaintiffs would be as…
2Cited by12 opinions
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- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- Ames & Hoyt v. Gatey, McCune & Co.Supreme Court of Minnesota · 1857
- Bowman v. Sanborn & HarperSuperior Court of New Hampshire · 1852
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