Robbins v. Codman
New York Court of Common Pleas
This action was founded upon a charter party, and was instituted hy the owner of a vessel, against the charterers, to recover a claim for demurrage.
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This action was founded upon a charter party, and was instituted hy the owner of a vessel, against the charterers, to recover a claim for demurrage. The charter party was in these words: “ This charter party, made and concluded upon in the city of New York, the twentieth day of January, in the year of our Lord one thousand eight hundred and fifty, between the owner of the bark ‘John Fehrman,’ of Plymouth, Mass., of the burthen of three hundred and sixty-eight tons, or thereabouts, register measurement,.now lying in the harbor of New York, of the first part, and John Oodman and H. Holdrege, of…
1Opinion of the Court
By the Court.
Woodruff, J.
I have carefully reconsidered the views expressed by me in giving the decision in this case at special term, and am confirmed in the opinion there given. So far, therefore, as relates to the construction of the charter party, the facts there found, and the rights and liabilities resulting therefrom, that decision may be taken as expressing my opinion on this appeal.
A question was, however, raised on the argument of the appeal, to which no particular attention was paid on the trial, and in relation to which nothing specific was said in the decision, viz., whether the…
2Cited by1 opinion
- Paige v. . WilletNew York Court of Appeals · 1868