Miston v. Lord
U.S. Circuit Court for the District of Southern New York
This was an action to recover a sum of money in the defendant’s hands, under the following circumstances. The plaintiff shipped a cargo of flour, wheat and com in bulk, hides, &c., from New-York to Havre, under a charter party, entered into on the 19th of December, 1846, by his agents, and the defendant as agent of the owners of the barque Dana, the freight to be payable on the arrival and discharge of the cargo at the port of delivery.
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This was an action to recover a sum of money in the defendant’s hands, under the following circumstances. The plaintiff shipped a cargo of flour, wheat and com in bulk, hides, &c., from New-York to Havre, under a charter party, entered into on the 19th of December, 1846, by his agents, and the defendant as agent of the owners of the barque Dana, the freight to be payable on the arrival and discharge of the cargo at the port of delivery. The bills of lading bore date the 16th and 23rd of January, 1847. The plaintiff resided in France and the cargo was. purchased and shipped by the house of…
1Opinion of the Court
NELSON, Circuit Justice.
I have looked into all- the cases in the books upon this question^', both English and American, and am 'satisfied that the weight of authority is déddedly against the allowance of any freight,' under the circumstances of this case, as between the owner and the shipper. Whether, the underwriters would be liable for the freight under their policy, it is not necessary : to determine. The same conclusion must also be' arrived at on principle. By the contract of the parties, the freight was not to be payable until the arrival and discharge of the cargo at the port of…
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