Ruggles v. Bucknor
U.S. Circuit Court for the District of Southern New York
This was an action of assumpsit for the recovery of freight. The defendant pleaded the general issue, with notice of set-off for mqn-ey paid, &c. At the trial a case was made for the opinion of the court, and now argued.
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This was an action of assumpsit for the recovery of freight. The defendant pleaded the general issue, with notice of set-off for mqn-ey paid, &c. At the trial a case was made for the opinion of the court, and now argued. On the 13th day of February, 1822, the schooner Tassel, owned by the plaintiff, then lying in the port of Charleston, S. C„ Benedict Dayton, her master and agent, chartered her hold to Joseph T. Weyman to perform a voyage from Charleston to Blakely, Alabama, and thence to New-York. By the charter party, Daytdn covenanted, in consideration of the freight therein mentioned, to…
1Opinion of the Court
THOMPSON, Circuit Justice.
The ground of the objection to the admission of the deposition of Benedict Dayton in evidence, is so imperfectly stated in the case, that it is difficult to discover upon what it is founded. It is to be presumed that the deposition was taken pursuant to the provisions of the 30th section of the judiciary act (24th September. 1789); but when, or before whom, is not stated. The objection would seem ic be that no proof was made upon the '.rial, that the officer before whom the deposition was taken, was such officer as he described himself to be in the certificate given…
2Cited by4 opinions
- The Bird of ParadiseSupreme Court of the United States · 1867
- Raymond v. TysonSupreme Court of the United States · 1855
- Raymond v. TysonSupreme Court of the United States · 1855
- Sargent v. CollinsNevada Supreme Court · 1867