Winter v. Simonton
U.S. Circuit Court for the District of District of Columbia
Covenant upon an agreement under seal, "which was in substance as follows: — That Winter and Bowmans of Bath, (in Maine,) owners of the brig James Munroe of Bath, “ agree to let or hire the said brig to the said Simonton, from Bath to Havana, and from thence to Mobile or elsewhere, in any legal trade, for the space of twelve months, at and after the rate of $>425 per month, and the said Winter and Bowmans agree that the said brig shall be tight, stiff, staunch, and strong,…
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Covenant upon an agreement under seal, "which was in substance as follows: — That Winter and Bowmans of Bath, (in Maine,) owners of the brig James Munroe of Bath, “ agree to let or hire the said brig to the said Simonton, from Bath to Havana, and from thence to Mobile or elsewhere, in any legal trade, for the space of twelve months, at and after the rate of $>425 per month, and the said Winter and Bowmans agree that the said brig shall be tight, stiff, staunch, and strong, well victualled and manned at their own expense, during that period, the dangers of the sea only excepted; and the said…
1Opinion of the CourtCranch, C. J.
The second plea sets up, by way of defence, supposed breaches of covenant on the part of the plaintiffs, and the questions occur, 1st. Whether any of the facts stated constitute such a breach of covenant on their part; and 2d. If so, then whether the covenants, so broken by the plaintiffs, were precedent covenants on their part. Both of which questions must be answered in the affirmative, or the plea must be adjudged bad.
Do any of the facts averred in the plea constitute a breach of covenant on the part of the plaintiffs ?
The facts stated in that plea are, that the brig did not pursue the…
2Cases cited2 opinions
- Simonton v. WinterSupreme Court of the United States · 1831
- Watson v. DuykinckNew York Supreme Court · 1808
3Cited by1 opinion
- O'Neill v. CoolesSuperior Court of Delaware · 1928