Sage v. Hazard
New York Supreme Court
Demurrer to the first count of the plaintiff’s declaration. The declaration alledged that on the 2d of December, 1846, the defendant agreed to charter unto the plaintiff, and the plaintiff agreed to take of and from the defendant, the ship Jessore, of New-York, at that time on her passage from Havre to New-York, having cleared from Havre about the 24th of September; to load with a full cargo of flour from New-York to Liverpool or London, at the option of the plaintiff, for…
Read the full summary
Demurrer to the first count of the plaintiff’s declaration. The declaration alledged that on the 2d of December, 1846, the defendant agreed to charter unto the plaintiff, and the plaintiff agreed to take of and from the defendant, the ship Jessore, of New-York, at that time on her passage from Havre to New-York, having cleared from Havre about the 24th of September; to load with a full cargo of flour from New-York to Liverpool or London, at the option of the plaintiff, for and at the rate of four shillings and six pence sterling per barrel, with five percent primage; the vessel to go…
1Opinion of the Court
By the Court, Hurlbut, J.
On the 2d day of December, 1846, the defendant agreed to charter to the plaintiff, and the latter agreed to take from the defendant, the ship Jessore of New-York, which was at that time on her passage from Havre to New York, having cleared from Havre about the 24th of September. She was to be laden with flour for Liverpool or London, at certain rates of compensation for freight. And it was further agreed, &c. that should the said vessel arrive in New-York on or before the 10th of the said month of December■, then the agreement was \to be] in full force—but should she…
2Cited by2 opinions
- A. B. Farquhar Co. v. New River Mineral Co.New York Supreme Court · 1903
- Stewart v. HuntingtonNew York Supreme Court · 1887