Brown v. Post
The Superior Court of New York City
Action by brokers for their commissions. The plaintiffs are ship brokers. They procured for the defendants a charter of the brig “ Francis J. King.” The verdict of the 'jury establishes that they are entitled to a commission of five per cent on the amount of the charter.
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Action by brokers for their commissions. The plaintiffs are ship brokers. They procured for the defendants a charter of the brig “ Francis J. King.” The verdict of the 'jury establishes that they are entitled to a commission of five per cent on the amount of the charter. The charter was for a voyage from New York to Cape Town, C. G. H. and thence to Maritius.or Batavia; and the defendants were to receive for the use of the vessel one dollar, and five per cent primage in gold, per barrel. The charter-party provided that the charter money should be settled, if at Cape Town or Mauritius, at the…
1Dissent
Monell, J. (dissenting.)
This being an action to recover commissions for procuring the charter of a vessel in the port of Hew York, the commissions were payable as soon as the charter was effected, and do not depend upon freight being taken or earned, or upon the voyage being completed.
It was, therefore, a contract as between those parties to be performed here, and is undistinguishable, in my opinion, from Wilson v. Morgan, (4 Rob. 58.)
The verdict should be reduced to the amount of commissions estimated upon the freight, payable in the proper equivalent of gold; else a new trial should be…
2Cases cited1 opinion
- Wilson v. MorganThe Superior Court of New York City · 1866