Van Buskirk v. Purinton
The Superior Court of New York City
Trover for 385 barrels of turpentine. Plea, the general issue. Upon the trial of this cause, it appeared that on the 18th of December, 1828, the defendants, by a charter-party, bearing date on that day, entered into a contract of affreightment with one D. H. Robertson and Samuel Candler, whereby they chaptered to R. & C. the whole tonnage of the ship Mary, (except so much as might be necessary for the accommodation' of the crew, &c.,) for a voyage from New-York to London and…
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Trover for 385 barrels of turpentine. Plea, the general issue. Upon the trial of this cause, it appeared that on the 18th of December, 1828, the defendants, by a charter-party, bearing date on that day, entered into a contract of affreightment with one D. H. Robertson and Samuel Candler, whereby they chaptered to R. & C. the whole tonnage of the ship Mary, (except so much as might be necessary for the accommodation' of the crew, &c.,) for a voyage from New-York to London and back to New-York. Robertson and Candler, by the terms of the charter-party, were to provide a cargo for the vessel in…
1Per curiam
The proof in this case shows a conversion by all the defendants. They were all personally bound by the *567charter-party. Though the Collins’ describe themselves as agents, yet they stipulated personally, and are therefore personally bound for the performance of their contract. The defendants all claimed a right to detain the goods, as subject to the chartei-party, and they all united in the refusal to deliver them up. The property was as much under the control of the merchants as the master, and they are responsible with him for the act of withholding it, if that would not be justifiable on his…
2Cited by7 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Estey Co. v. DickSuperior Court of Pennsylvania · 1910
- Whitcomb v. HungerfordNew York Supreme Court · 1864
- Green v. CampbellCalifornia Supreme Court · 1878
- Discount Rent-A-Car Corp. v. Universal Carloading and Distributing Co.Civil Court of the City of New York · 1965
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