Brown v. Hunt
Massachusetts Supreme Judicial Court
Covenant upon a deed of charter-party, dated December 17, 1811, by which the plaintiff let to freight to the defendants the schooner Fame, burden eighty-five tons, for a voyage from Boston to Savannah, and from thence to a port in the West Indies, and from thence to Boston, with liberty to return from the [ *46 ] West Indies to any port in the *United States, and from thence to Boston, where the vessel was to be discharged; the defendants agreeing, on their part, to pay for…
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Covenant upon a deed of charter-party, dated December 17, 1811, by which the plaintiff let to freight to the defendants the schooner Fame, burden eighty-five tons, for a voyage from Boston to Savannah, and from thence to a port in the West Indies, and from thence to Boston, with liberty to return from the [ *46 ] West Indies to any port in the *United States, and from thence to Boston, where the vessel was to be discharged; the defendants agreeing, on their part, to pay for the freight or hire of the said schooner the sum of two dollars and seventeen cents per ton per month, and so in…
1Opinion of the Court
Sewall, C. J.,
pronounced the judgment of the Court.
It is not disputed that, where an outward voyage and a homeward voyage are spoken of in a contract as distinct, there the freight becomes due upon the performance of each voyage. It would, however, be unreasonable to suppose this construction to be restricted to the particular expressions and' case of an outward and homeward voyage. Any other expressions, descriptive of a voyage or adventure consisting of several distinct and separate passages or voyages, are within the same reason, and seem to be governed by the same rule ; or rather, in the…
2Cases cited4 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Barker v. CheriotNew York Supreme Court · 1807
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Scott v. LibbyNew York Supreme Court · 1807
3Cited by6 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Cutts v. FrostSuperior Court of New Hampshire · 1813
- The ErieDistrict Court, D. Massachusetts · 1859
- Coastwise Transportation Co. v. New England Coal & Coke Co.Massachusetts Supreme Judicial Court · 1916
- McGilvery v. CapenMassachusetts Supreme Judicial Court · 1856
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