Legal Opinion

Schieffelin v. Harvey

New York Supreme Court

Decided July 1, 1808Published

This was an action on the case against the defendant, as . owner of the ship Science. The plaintiffs’ declaration contained, 1st. A count alleging a loss by embezzlement. 2d. A count on the bills of lading; and, 3d. The common money counts. • Plea, the general issue, with notice of special matter. It appeared in evidence that the Science was a general ship, owned by the defendant, and bound from the port of New York to the port of London.

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This was an action on the case against the defendant, as . owner of the ship Science. The plaintiffs’ declaration contained, 1st. A count alleging a loss by embezzlement. 2d. A count on the bills of lading; and, 3d. The common money counts. • Plea, the general issue, with notice of special matter. It appeared in evidence that the Science was a general ship, owned by the defendant, and bound from the port of New York to the port of London. The plaintiffs shipped on board of her, two boxes of nutmegs, to be delivered to certain consignees at London. The hill of lading, signed by the captain,…

1Opinion of the CourtThompson, J.

The testimony is inadmissible. The established principles of law cannot be controlled by custom.

It was then urged, for the defendant: 1. That it was not sufficiently shown, that notice of the deficiency had been *78given to the defendant, previous to the discharge of the crew. That the ship-owner is entitled to such notice, to enable him to compel the crew to make good the deficiency, from their wages. To show that the crew were bound to contribute, he cited Abbott, 874, 875; 2 Show. 167; Lord Raym. 650; 4 Bos. & Pull. 347; 3 Johns. Rep. 17; 1 Peters, 239, 243, and he contended, that the…

2Cases cited4 opinions

  1. Miller v. DrakeNew York Supreme Court · 1803
  2. Colburn v. DownesMassachusetts Supreme Judicial Court · 1813
  3. Frith v. BarkerNew York Supreme Court · 1807
  4. Sewall v. GibbsThe Superior Court of New York City · 1829

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