Chomqua v. Mason
U.S. Circuit Court for the District of Rhode Island
At law. Assumpsit [against James B. Mason and others, executors of John Brown] to recover the amount of a promissory note, given by one Colvin Dana in behalf of the testator. The note was in the following words: “Twelve months after date I promise to pay Mr. Chomqua or order three thousand seven hundred and sixty-four dollars with fifteen per cent, interest, being for the balance of the ship General Washington’s cargo. “For John Brown, Esq. “Colvin Dana.
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At law. Assumpsit [against James B. Mason and others, executors of John Brown] to recover the amount of a promissory note, given by one Colvin Dana in behalf of the testator. The note was in the following words: “Twelve months after date I promise to pay Mr. Chomqua or order three thousand seven hundred and sixty-four dollars with fifteen per cent, interest, being for the balance of the ship General Washington’s cargo. “For John Brown, Esq. “Colvin Dana. “If the note is not paid in twelve months I am to pay eighteen per cent, after. “Witness, James Oliver. “Canton, March 15, 1802.” The…
1Opinion of the Court
STOBY, Circuit Justice.
I retain the opinion, which I expressed at the trial. The interests of commerce require a liberal construction of maritime contracts and authorities. The object of Brown was, in case of the disability of Capt. Smith, to confide to the.mate the navigation and command of the ship, and to Mr. Dana the whole authority as to the sale and purchase of the cargoes. The owner looked to the purchase of a cargo partly on credit; he expresses his designs in the most .clear and decisive language, and looking to the possible inability of Smith, he directs the purchases and sales to…
2Cited by1 opinion
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