Whitteridge v. Norris
Massachusetts Supreme Judicial Court
Upon the trial of this action of assumpsit, upon the general issue pleaded, before Sewall, J., a verdict was taken for the defendant, subject to the opinion of the Court, on the following facts: — “ The defendant, being master of the ship Hope, on her voyage from Salem to Calcutta, in the years 1806 and 1807, received on board said ship a keg -containing 1000 dollars, the property of the plaintiff, to carry to Calcutta aforesaid, on the proper account and risk of the…
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Upon the trial of this action of assumpsit, upon the general issue pleaded, before Sewall, J., a verdict was taken for the defendant, subject to the opinion of the Court, on the following facts: — “ The defendant, being master of the ship Hope, on her voyage from Salem to Calcutta, in the years 1806 and 1807, received on board said ship a keg -containing 1000 dollars, the property of the plaintiff, to carry to Calcutta aforesaid, on the proper account and risk of the plaintiff, and there to lay out the same to the best advantage in piece goods, and bring home the same in said ship ; the…
1Opinion of the CourtSewall, J.
The plaintiff shipped a keg of dollars on board the ship Hope, for which the defendant, as master, gave a receipt, to be carried on a voyage to Calcutta, for the plaintiff’s account, and at his risk; there to be laid out in piece goods, he allowing one third of the net proceeds for freight and commissions. The ship, when under the care of a pilot, after her arrival in Bengal Bay, struck ground, and was thought to be in imminent danger of perishing. In this extremity, and impelled by fears which exceeded the danger, as it proved in the event, the master and crew, acting by the advice of the…
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