Lander v. Clark
The Superior Court of New York City
This was an action of assumpsit for money had and received by the defendant to the use of the plaintiff. The declaration contained all the usual money counts, together with a count upon an insimul computas set. Plea, the general issue. The action was originally brought in the Supreme Court, but was transferred to this, by consent of parties, according to the provisions of the act.
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This was an action of assumpsit for money had and received by the defendant to the use of the plaintiff. The declaration contained all the usual money counts, together with a count upon an insimul computas set. Plea, the general issue. The action was originally brought in the Supreme Court, but was transferred to this, by consent of parties, according to the provisions of the act. At the trial, a verdict was rendered for the plaintiff, by consent of the defendant, for the sum of $1,132,67 damages, and six cents costs, subject to the opinion of the court upon a case to be made. The material…
1Opinion of the Court
Jones C. J.
S. Woods of Boston, the owner of the Holly, chartered her to the plaintiff-for a voyage from Boston to South America and back to Boston, at a stipulated compensation or hire per month. The charter-party was an absolute demise of the ship to the plaintiff for the voyage, and transferred the whole ownership of her pro hac vice to the charterer. The brig made her outward voyage and was despatched on a return voyage for New-York or Boston, but took on board a shipment of a stranger on freight consigned to a house in New-York, to which port she proceeded. Lander the charterer, failed in…
2Cited by6 opinions
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