Malpica v. McKown
Supreme Court of Louisiana
Appeal from the court of the parish and city of New Orleans. The petition stated that Malpica embarked at Vera Cruz on board the ship Belle, Mc-Kown master, where he died, leaving money and effects to the amount of S7387.— The petition averred the liability of both master and owner, and prayed judgment against them in solido. Curell in his answer admitted the ownership of the vessel, and set up the following grounds of defence.
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Appeal from the court of the parish and city of New Orleans. The petition stated that Malpica embarked at Vera Cruz on board the ship Belle, Mc-Kown master, where he died, leaving money and effects to the amount of S7387.— The petition averred the liability of both master and owner, and prayed judgment against them in solido. Curell in his answer admitted the ownership of the vessel, and set up the following grounds of defence. That, on the voyage a mutiny broke out among the passengers, and 'the command of the ship was forcibly taken from the Captain. That, if the deceased Malpica, had money…
1Opinion of the Court
Porter J.
delivered the opinion of the court. This action is instituted to receive from McKown, captain, and Cur ell, owner of the ship Belle, the sum of $7378, which the petition alleges, the deceased, a passenger in the vessel aforesaid, brought on board of her, on a voyage from Vera Cruz to Havana, and which, it further alleges, the defendants refused to deliver, though requested to do so.
The proceedings against the captain, appear to have proceeded no further, than t© *252bring him into court. Against Curell, they have been carried onto final judgment The latter in his answer, acknowledges…
2Cases cited1 opinion
- Colt v. M'MechenNew York Supreme Court · 1810
3Cited by10 opinions
- Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
- Bonneau v. PoydrasSupreme Court of Louisiana · 1842
- Guthrie v. Mitchell Et Vir.Supreme Court of Oklahoma · 1913
- Mexican Cent. Ry. Co. v. MarshallCourt of Appeals for the Fifth Circuit · 1899
- Lewis v. American Brewing Co.Louisiana Court of Appeal · 1947
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