Towle v. Kettell
Massachusetts Supreme Judicial Court
This was an action of assumpsit, containing two counts, first, to recover compensation for transporting a cargo in the brig Pandora, from Wilmington, North Carolina, to cape Haytien, in the island of Hayti, and there" delivering the same safely; and, second, to recover for thirteen days’ demurrage at the latter place.
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This was an action of assumpsit, containing two counts, first, to recover compensation for transporting a cargo in the brig Pandora, from Wilmington, North Carolina, to cape Haytien, in the island of Hayti, and there" delivering the same safely; and, second, to recover for thirteen days’ demurrage at the latter place. The vessel sailed from Boston under a charter-party, executed on the 27th of June, 1846, in the usual form, “ for a voyage,” as described therein, “ from Boston to Wilmington, N. C., and from thence to cape Haytien, in the island of Hayti, and from thence back to Boston,” the…
1Opinion of the Court
The opinion of the court was delivered at the March term, 1850.
Fletcher, J.
This suit is brought by the owners of the vessel, to recover for the charter or freight of the vessel from Wilmington, North Carolina, to- cape Haytien, and for thirteen days’ demurrage at that place. The first question presented is, whether or not the plaintiff, the owner, can recover *21upon the charter-party, for the freight of the cargo from Wilmington to cape Haytien, and delivering it there; the vessel having been lost on the voyage from cape Haytien to Boston, and never having reached Boston, the place at which the…
2Cases cited7 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Barker v. CheriotNew York Supreme Court · 1807
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Scott v. LibbyNew York Supreme Court · 1807
- Brown v. HuntMassachusetts Supreme Judicial Court · 1814
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