Walden v. Le Roy
New York Supreme Court
ASSUMPSIT by the plaintiffs, owners of the ihip Thomas, againft the defendants, proprietors of her cargo, for their quota of a general average, for wages and provifions, incurred and expended, from the time oi> bearing away to Norfolk, in confequence of a leak iprung in a violent gale of wind,' which, on confultation with the crew, rendered it necefiary to make for the neareit port, in order to refit.
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ASSUMPSIT by the plaintiffs, owners of the ihip Thomas, againft the defendants, proprietors of her cargo, for their quota of a general average, for wages and provifions, incurred and expended, from the time oi> bearing away to Norfolk, in confequence of a leak iprung in a violent gale of wind,' which, on confultation with the crew, rendered it necefiary to make for the neareit port, in order to refit. The demand extended from the moment of bearing away, to the period of failing in profecution of the original voyage, including the time of detention in unloading, repairing, and loading again.…
1Opinion of the Court
Per curiam delivered by
Kent C. J.
In the cafe of Leavenworth v. Delajield and Dale* decided in this court, in February, 1804, the veííél was captured and carried into port, where ihe was detained four months, and then liberated. It was there held that the wages and provifions of the crew during the detention, were to be brought into a generalav^T-*264a8e' this cafe the vefiel was forced into port by injuries received at fea, which rendered it neceffary for the general fafety to go into tlie neareft port to repair. The two cafes appear, at firft view, to be fufficiently analogous to admit the…
2Cited by5 opinions
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