Herbert v. The James Leakman
District Court, S.D. New York
[This was a libel in rem by Isaac Herbert against the schooner James Leakman (Robert Ferdeen, claimant) for breach of a contract of affreightment]
1Opinion of the Court
BETTS, District Judge.
The libellant being the manufacturer of brick at Caldwell on the North river in the summer of 1847, contracted with the master of the schooner Leak-man, a vessel engaged in freighting brick, to> carry brick to New York, there make sale of them at a scale of prices stipulated, and return the proceeds to the libellant, deducting $1 per thousand for the whole compensation both of freight and making the sales, and return of proceeds. During the season a large quantity of brick was. carried by the schooner to New York under the contract. The libel charges the quantity to be…
2Cases cited2 opinions
- Kemp v. CoughtryNew York Supreme Court · 1814
- Williams v. NicholsNew York Supreme Court · 1834