Clarkson v. Edes
New York Supreme Court
Error from the C. P. of the city of New York. The e e J action in the Court below, was indebitatus assumpsit, by Edes against Clarkson, for freight, primage and average, in respect to goods, &c. carried, &c. in a schooner, called Thetis, the plaintiff master, from Havana to New York, and for care an^ attendance, &c. about loading and unloading the goods, (fcc.
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Error from the C. P. of the city of New York. The e e J action in the Court below, was indebitatus assumpsit, by Edes against Clarkson, for freight, primage and average, in respect to goods, &c. carried, &c. in a schooner, called Thetis, the plaintiff master, from Havana to New York, and for care an^ attendance, &c. about loading and unloading the goods, (fcc. The cause was tried in May term, 1824, in the Court below, before Irving, first Judge, ^ tiaai) tile plaintiff gave in evidence, two bills of lading, one of goods shipped by the Thetis, by Drake & Mitchell, of Havana, for New York,…
1Opinion of the CourtWoodworth, J.
The plaintiff below was master of the schooner Thetis, and declared for the freight of certain goods. On the arrival of the vessel at New York, the goods were delivered to the plaintiff in error, who gave a receipt, promising to pay freight to the party legally authorized to receive it. This arrangement was made in consequence of a controversy between the owners of the vessel, and one Douglass, to whom they had executed a charter party for the voyage, both claiming a right to the freight. The defendant in the Court below gave in evidence the charter party, and proved that on the 10th April,…
2Cases cited4 opinions
- Gracie v. PalmerSupreme Court of the United States · 1823
- Hooe & Co. v. GrovermanSupreme Court of the United States · 1803
- Hall v. LeighSupreme Court of the United States · 1814
- Chandler v. BeldenNew York Supreme Court · 1820
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