Descadillas v. Harris
Supreme Judicial Court of Maine
This was an action, of assumpsit, brought by Descadillas, Mlaine and Company, merchants in Guadaloupe, against the charterer of the brig Pacific, for money lent to David, P. Shaw, master of the brig, at Point Petre, for the necessary purposes of the voyage.
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This was an action, of assumpsit, brought by Descadillas, Mlaine and Company, merchants in Guadaloupe, against the charterer of the brig Pacific, for money lent to David, P. Shaw, master of the brig, at Point Petre, for the necessary purposes of the voyage. It appeared that the brig was sent from Portland to Point Petre with a cargo of lumber, consigned to the master, who was ordered to invest the proceeds, together with other funds of the owner which were then in Guadaloupe, in a return cargo of molasses. The captain, on his arrival at Point Petre, inquired of the collector of the port what…
1Opinion of the Court
The cause having stood for advisement since the last May term, when the arguments were heard, the opinion of the Court was now delivered by
Parris J.
The first question presented by the report is as to the competency of Shaw, the witness. From the evidence reported, independent of his own testimony, it appears that he was master of the brig Pacific, chartered by the defendant for a voyage from *301Portland to the island of Guadaloupe, and back. This fact appears by his letter of instructions given him by the defendant, and the testimony of several of the witnesses. We are then to consider the…
2Cases cited1 opinion
- Milward v. HallettNew York Supreme Court · 1804
3Cited by2 opinions
- Palmer v. ElliotU.S. Circuit Court for the District of New Hampshire · 1858
- Carter v. The ByzantiumU.S. Circuit Court for the District of Maine · 1858