Scott v. Libby
New York Supreme Court
This was an action of trover, brought to recover the value of 216 doubloons, equal to 3,280 dollars and 27 cents. At the New-YorJc Sittings, held before Mr. Justice Thompson, the llth June, 1806, a verdict was taken for the plaintiff, subject to the opinion of the court on the following case.
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This was an action of trover, brought to recover the value of 216 doubloons, equal to 3,280 dollars and 27 cents. At the New-YorJc Sittings, held before Mr. Justice Thompson, the llth June, 1806, a verdict was taken for the plaintiff, subject to the opinion of the court on the following case. On the 25th November,, 1803, the plaintiff chartered from the agent of the defendants, the ship Live Oak, belonging to them ; on board of which he shipped the doubloons and sundry other articles. By the bills of lading, signed by the master, he was to deliver the doubloons, &e. to the consignee ofidio…
1Opinion of the CourtThompson, J.
The claim to freight set up by the defendants cannot be sustained. It appears to be conceded by the counsel on both sides, that by the blockade of the port of discharge, the charter party:\v&s dissolved, and all claim to freight under it gone. {Abbot, 338.) Nor is this a case for pro rata freight. Here was no acceptance of the cargo at an intermediate port. A variety of cases may occur where the-owner of the goods may make himself responsible for freight, by an acceptance of his goods, short of the port of destination^. But this results'from an implied contract, raised by the acceptance of…
2Cited by10 opinions
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- Edwards v. The Joseph Farwell & CargoDistrict Court, S.D. Alabama · 1887
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