Clendaniel v. Tuckerman
New York Supreme Court
This was an action for freight and demurrage. It was tried before Mr. Justice Wright, without a jury, at the Ulster circuit, in April, 1852. The plaintiff was master of the schooner Pennsylvania. He sailed the vessel under a contract with the owners, by which he was to find the crew and provisions, and pay half the labor, port charges, &c. and receive half the net freight earned by the schooner.
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This was an action for freight and demurrage. It was tried before Mr. Justice Wright, without a jury, at the Ulster circuit, in April, 1852. The plaintiff was master of the schooner Pennsylvania. He sailed the vessel under a contract with the owners, by which he was to find the crew and provisions, and pay half the labor, port charges, &c. and receive half the net freight earned by the schooner. On the 11th of July, 1850, an agent of the defendant shipped on board the schooner, at Bristol, in the state of Pennsylvania, a cargo of coal, and the plaintiff signed a bill of lading, as follows : “…
1Opinion of the Court
By the Court, Harris, J.
The judge at the circuit was undoubtedly right in holding that the action was properly brought. The plaintiff, though not an owner, had such a special property in the vessel as enabled him to collect the freight. He was the contracting party. He, and not the owners, agreed with the defendant, through his agent, for the carrying .of the *187coal, and it does not lie with the defendant to dispute his right to receive the freight for which he stipulated, when earned.
• But I cannot agree with the learned judge in holding that the evidence failed to establish a case in which…
2Cases cited6 opinions
- Powell v. MyersNew York Supreme Court · 1841
- Jackson ex dem. Woodruff v. GilchristNew York Supreme Court · 1818
- Bradstreet v. BaldwinMassachusetts Supreme Judicial Court · 1814
- Goold v. ChapinNew York Supreme Court · 1851
- Palmer v. LorillardNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cross v. . BeardNew York Court of Appeals · 1862
- Gregg v. Illinois Central RailroadIllinois Supreme Court · 1893
- Davis v. WallaceU.S. Circuit Court for the District of Massachusetts · 1868
- McCarty v. New York & Erie RailroadSupreme Court of Pennsylvania · 1858
- Owen v. 65,000 Bushels of CornDistrict Court, N.D. New York · 1893
16 more not listed; retrieve them via the Exa API.