Putnam v. Wood
Massachusetts Supreme Judicial Court
This was an action of the case upon a special agreement stated in the declaration. The material facts which appear in the case, from the report of Sewall, J., before whom the cause was tried, at the sittings after November term, 1806, are, that the plaintiff shipped on board the brig Industry, owned by the defendant, and bound from Newburyport to the East Indies, three thousand dollars, which, according to an agreement endorsed on the bill of lading, and signed by the…
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This was an action of the case upon a special agreement stated in the declaration. The material facts which appear in the case, from the report of Sewall, J., before whom the cause was tried, at the sittings after November term, 1806, are, that the plaintiff shipped on board the brig Industry, owned by the defendant, and bound from Newburyport to the East Indies, three thousand dollars, which, according to an agreement endorsed on the bill of lading, and signed by the parties, were to be invested in the produce of that country, and brought home in the said brig, on the account and at the risk…
1Opinion of the Court
The cause was continued nisi, and at March term, 1808, in Suffolk, the opinion of the Court was delivered as follows by
* Parker, J.
[After reciting the facts from the report.] The defendant claims a right to deduct the whole sum from the plaintiff’s adventure, contending that it is a proper charge against him, being caused, as the defendant alleges, by perils of the seas, for which the plaintiff alone was accountable. But if he has not a right to retain the whole, 'he contends that the loss ought to be divided between the plaintiff and himself, and therefore that he has a right to retain one…
2Cited by17 opinions
- The CaledoniaSupreme Court of the United States · 1895
- Work v. LeathersSupreme Court of the United States · 1878
- Berry v. Cooper & BoykinSupreme Court of Georgia · 1859
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
- Wilson v. Cross & Co.California Supreme Court · 1867
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