Watson v. Duykinck
New York Supreme Court
THIS cause came before the court, on a writ of error, from the court of common pleas of the city and county of Nezv-York. The suit below was an action of assumpsit for money had and received .to the use of the plaintiff, and a special verdict was found, upon which the court gave judgment in favour of the plaintiff for 60 dollars, on which the defendant below brought a writ of error to this court.
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THIS cause came before the court, on a writ of error, from the court of common pleas of the city and county of Nezv-York. The suit below was an action of assumpsit for money had and received .to the use of the plaintiff, and a special verdict was found, upon which the court gave judgment in favour of the plaintiff for 60 dollars, on which the defendant below brought a writ of error to this court. The substance of the special verdict was.as follows: The defendant below (Watson) on the 17th December, 1805, was master of the sloop Harriot, bound on a voyage from NezvYork to the island of St.…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The record in this case presents a question of some nicety and difficulty, arising under the marine law. The general rule undoubtedly is, that freight is lost unless the goods are carried to the port of destination. The rule seems also to go farther, and to oblige the master, in case of shipwreck, to restore to the shipper the freight previously advanced* The English books are almost silent on the subject, and afford little or no information ; but if we resort in this, as we are obliged to do, in many other instances, for light and information,…
2Cited by11 opinions
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- Winter v. SimontonU.S. Circuit Court for the District of District of Columbia · 1827
- Brown v. HarrisMassachusetts Supreme Judicial Court · 1854
- Curry v. Roulstone, Lynch, Jorden, Banks, OwensU.S. Circuit Court for the District of Tennessee · 1809
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