Ames v. Belden
New York Supreme Court
This was an action to recover the value of a steamboat and a canal boat, for not returning the same according to the condition of a charter party, of which the following is a copy.
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This was an action to recover the value of a steamboat and a canal boat, for not returning the same according to the condition of a charter party, of which the following is a copy. “Articles of agreement made and entered into this 25th day of July, A. D. 1851, by and between Edwin Ames of the one part, and Edgar Belden of the city of Rochester of the other part, witnesseth: the said Edwin Ames of the one part, has this day chartered and hired unto the said Belden of the other part, the steamboat George Clinton of Oswego, burden 103 tons, or thereabouts, with all the appurtenances, cables,…
1Opinion of the Court
By the Court, Hubbard, J.
The determination of the issue of law in this case involves a construction of the' following clause in the agreement, on which the action is founded. “And it is further understood, that the said Belden shall be at all the expense of running and furnishing said boat or boats, for the time above stated, and return the same to the said Ames at the port of Port Ontario, in as good condition as they now are, with the exception of the ordinary use and wear.” It is contended, on the part of the plaintiff, and this is the gravamen of the *515action, that the defendant covenanted…
2Cases cited4 opinions
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- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- Young v. . LearyNew York Court of Appeals · 1892
- Steele v. BuckIllinois Supreme Court · 1871
- Webster v. MajorIndiana Court of Appeals · 1904
- Bowler v. AhloHawaii Supreme Court · 1898
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