McPherson v. . Cox
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 21 Hun, 493.) This action was brought upon a bill of exchange executed by the master of defendants’ vessel, which had been chartered by plaintiff for a voyage from Charleston, S. C., to Liverpool or Havre, and upon a eotemporaneous agreement between plaintiff and the master.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 21 Hun, 493.) This action was brought upon a bill of exchange executed by the master of defendants’ vessel, which had been chartered by plaintiff for a voyage from Charleston, S. C., to Liverpool or Havre, and upon a eotemporaneous agreement between plaintiff and the master. The material portions of the charter-party are as follows: “ This charter-party, made and concluded upon, in the city of Hew York, the 19th…
1Opinion of the CourtDanforth, J.
The plaintiff chartered the whole vessel for a voyage from Charleston to the port of Liverpool or Havre, at his option. He was to pay for the use of the vessel the lump sum of £1,350 sterling, and as charterer was entitled to the freight earned by the vessel. These things appear among the provisions of the charter-party, and neither of them is dependent upon the other. Bills of lading were, according to custom, to be signed by the master, but it is expressly stated that this should be without prejudice to the charter, and the manifest effect of the provision is, that the owner’s right to…
2Cases cited2 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Scholey v. . MumfordNew York Court of Appeals · 1875
3Cited by31 opinions
- The First National Bank of Cincinnati v. Sidney Pepper, Elsie W. Cox, Defendants-Cross-Claimants-Appellants, Modern Talking Picture Service, Inc.Court of Appeals for the First Circuit · 1972
- Grad v. RobertsNew York Court of Appeals · 1964
- Lonergan v. BufordSupreme Court of the United States · 1893
- Hornstein v. Paramount Pictures, Inc.New York Supreme Court · 1942
- Vick v. ShinnSupreme Court of Arkansas · 1886
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