Franklin v. Robinson
New York Court of Chancery
THE plaintiffs were joint owners, with the defendants, of the ship Mary, and her cargo, on a voyage from ./Veto- York to Batavia, and hack.
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THE plaintiffs were joint owners, with the defendants, of the ship Mary, and her cargo, on a voyage from ./Veto- York to Batavia, and hack. W. I. Robinson, one of the defendants, who were partners in trade, engaged to go out in the ship as supercargo, and an agreement was, thereupon, made and executed between the parties interested, as follows: “We, the subscribers, owners of the ship Mary, having engaged William 1. Robinson, as supercargo, on her intended voyage from here to Batavia, and possibly to Canton, have agreed, in consideration of his undertaking and executing the duties of his…
1Opinion of the Court
The Chancellor.
It appears, by the contract between the parties, of the 21st of February, 1798, that 10,000 dollars were stipulated to be paid to the defendant, W. I. Robinson, in lieu of all compensation and commission, for his services as supercargo upon the voyage, and for the services of him, and his partner, Sylvester Robinson, for the management and sale of the -return cargo. It further appears, that the defendant, W. I. Robinson, caused 8,000 dollars of this sum to be nsured, and that, upon the loss of the voyage, he sued the underwriters, and recovered. His right of recovery depend*164ed…
2Cited by7 opinions
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- Beatty v. WraySupreme Court of Pennsylvania · 1853
- Wall v. FockeHawaii Supreme Court · 1913
- Hulbert v. Felber Engineering WorksNew York Supreme Court · 1912
- Hulbert v. Felber Engineering WorksAppellate Terms of the Supreme Court of New York · 1912
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