McLoon's Administrator v. Cummings
Supreme Court of Pennsylvania
Certificate from Nisi Prius: Of January Term 1870, No. 76 J. This was an action of assumpsit brought October 2d 1869, by William McLoon against Henry W. Cummings.
Read the full summary
Certificate from Nisi Prius: Of January Term 1870, No. 76 J. This was an action of assumpsit brought October 2d 1869, by William McLoon against Henry W. Cummings. The history of the ease by the plaintiff in error, the defendant in error having made no counter statement, is as follows:— On June 17th 1867, the “ Juliette Trundy,” owned by William McLoon, of Rockland, Maine, was chartered by Henry K. Cummings, in Philadelphia, to carry a cargo of coal from Baltimore to San Francisco at $16 per ton, in currency. On July 18th 1867, the vessel sailed from Baltimore with her cargo of about 1181 tons…
1Opinion of the Court
The opinion of the court was delivered, March 17th 1873, by
Agnew, J. —
On the trial of this case at Nisi Prius three points were reserved. The first was: “ Whether, when a ship has been disabled by the perils of the sea, puts into an intermediate port to repair, and the vessel is then condemned and sold, and the voyage broken up, the expenses so incurred are the subject of general average ?”
Henry K. Cummings chartered the ship “Juliette Trundy” of the owner, William McLoon, for a cargo of coal from Baltimore, Maryland, to San Francisco, California. Storm and stress of weather injured the…
2Cases cited1 opinion
- Lemont v. LordSupreme Judicial Court of Maine · 1864
3Cited by1 opinion
- United States v. St. Paul Fire & Marine Ins.District Court, S.D. New York · 1931