Searle v. Scovell
New York Court of Chancery
BILL for an injunction, filed June 14,1819. The plaintiff, Caleb Adams, master of the ship Middlesex, which rhad been chattered by R. Pettit, of London, while sailing on the voyage, with a cargo of goods onboard, from London, bound to Ncw-York, was obliged to put into Fay at, in distress, where the ship was condemned as unseaworthy, and sold for the benefit of all concerned.
Read the full summary
BILL for an injunction, filed June 14,1819. The plaintiff, Caleb Adams, master of the ship Middlesex, which rhad been chattered by R. Pettit, of London, while sailing on the voyage, with a cargo of goods onboard, from London, bound to Ncw-York, was obliged to put into Fay at, in distress, where the ship was condemned as unseaworthy, and sold for the benefit of all concerned. Part of the cargo had been thrown overboard on the passage from London to Fayal, and a part, being damaged, was sold at Fayal, to defray the necessary expenses there. The plaintiff A., in order to procure the…
1Opinion of the Court
The Chancellor.
The material charges in the bill are not denied in the answer, but the motion for dissolving the *222injunction is founded upon the doctrine set up in the aiisWer, that the master of the ship Middlesex had no power, while at Fayal, to bind the goods, or the owner of them, for the extra freight arising from the hire of the ship Enterprise.
We are, upon this motion, to take, as true, the charges in the bill, that the ship Middlesex put into Fayal in distress; that part of the cargo was lost by the perils of the sea; that the ship was properly condemned as unseaworthy; that it became…
2Cited by3 opinions
- Bork v. NortonU.S. Circuit Court for the District of Illinois · 1841
- Indianapolis Insurance v. MasonIndiana Supreme Court · 1858
- Warren v. SkolfieldMassachusetts Supreme Judicial Court · 1870