Welsh v. Dusar
Supreme Court of Pennsylvania
a went as suPf,rcal!S° from Philadelphia to Batavia, under an agreement between the shippers, which so far as respected his compensation was thus: “The com. “mission, which is to be four per cent, on the investment, is also to be paid in Batavia, “ and invested on account of A.” A died in thirty-six hours after his arrival in Batavia, without having made any investment of the cargo.
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a went as suPf,rcal!S° from Philadelphia to Batavia, under an agreement between the shippers, which so far as respected his compensation was thus: “The com. “mission, which is to be four per cent, on the investment, is also to be paid in Batavia, “ and invested on account of A.” A died in thirty-six hours after his arrival in Batavia, without having made any investment of the cargo. Held, that he was intitled to a proportionate compensation, deducting from the whole commission of four per cent, what it would cost the shippers to complete the investment at Batavia. The agreement between…
1Opinion of the Court
Tilghman C. J.
This is a motion fora new trial. The cause was tried before me at Nisi Prius, when the dispute was principally on two points. 1st, Whether Richard Edwards was intitled to any and what commissions. 2d, Whether in shipping the goods in which his commissions were *336to be invested in Batavia, he was intitled to a preference to 'the defendant, the owner of the ship. With regard to the first point, the defendant contended, that Edwards was intitled to no commissions at all, because he died before the completion of the voyage. My opinion was, that he was intitled to a compensation in…
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