Spafford v. Dodge
Massachusetts Supreme Judicial Court
This was an action of covenant broken, brought upon a charter-party, dated the 9th of September, 1812, whereby the plaintiffs let to freight to the defendants the brig Mentor, on a voyage from Boston to Alexandria in Virginia, and thence to a port or ports in Spain or Portugal, thence to St. Ubes or Tortugas, and back to Boston or New York, at the rate of three dollars a ton, per month, and so in proportion for a less time, as the said brig would be continued in the service…
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This was an action of covenant broken, brought upon a charter-party, dated the 9th of September, 1812, whereby the plaintiffs let to freight to the defendants the brig Mentor, on a voyage from Boston to Alexandria in Virginia, and thence to a port or ports in Spain or Portugal, thence to St. Ubes or Tortugas, and back to Boston or New York, at the rate of three dollars a ton, per month, and so in proportion for a less time, as the said brig would be continued in the service of the defendants, the said hire to be paid at the port of discharge in Europe as far as it should then be earned, and…
1Opinion of the CourtJackson, J.
We will first consider what sum the plaintiffs are entitled to recover on this charter-party; and, secondly, what deductions are to be made from that sum, according to the agreement of the parties, for the expenses claimed by the defendants as a general average.
As to the first, the charter-party is in the common form; the defendants undertaking to victual and man the ship, and to pay three dollars a ton per month, so long as she should be continued in their service, in the voyage described in the charter-party. The natural and obvious construction of this covenant would be, that the…
2Cases cited3 opinions
- Padelford v. BoardmanMassachusetts Supreme Judicial Court · 1808
- Brooks v. DorrMassachusetts Supreme Judicial Court · 1806
- Minot v. DurantMassachusetts Supreme Judicial Court · 1811
3Cited by14 opinions
- United States v. SheaSupreme Court of the United States · 1894
- Brown v. LullU.S. Circuit Court for the District of Massachusetts · 1836
- Arfridson v. LaddMassachusetts Supreme Judicial Court · 1815
- Brooks v. DorrMassachusetts Supreme Judicial Court · 1806
- Humphreys v. Union Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1824
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