Tyson v. Laidlaw
Supreme Court of Louisiana
APPEAL PROM TIIE COURT OP THE FIRST JUDICIAL DISTRICT. This is an action to recover $529 42, the amount of an account or balance due from the defendant to the plaintiff, as captain of the ship Montpelier, for freight collected on account of said ship. The defendant claimed an item of $234 90, for his commission on the outward freight for Liverpool; being on the freight of 967 bales of cotton.
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APPEAL PROM TIIE COURT OP THE FIRST JUDICIAL DISTRICT. This is an action to recover $529 42, the amount of an account or balance due from the defendant to the plaintiff, as captain of the ship Montpelier, for freight collected on account of said ship. The defendant claimed an item of $234 90, for his commission on the outward freight for Liverpool; being on the freight of 967 bales of cotton. It appears the captain procured the freight through other persons than the defendant, and without any objection being made. There was judgment for the plaintiff and the defendant appealed.
1Opinion of the CourtGarland, J.
The ship Montpelier, of which the plaintiff was master, from New York, was consigned to the defendant. He collected nearly all the freight for the inward cargo, retained his commission on it, and advertised the vessel as wanting a freight to Liverpool, though of this advertisement it does not appear the plaintiff had notice or that it was authorized by him. In the early part of the'inonth of January, in the year 1838, the defendant engaged on freight for said vessel, five hundred bales of cotton at the rate of 5-8ths of a penny per pound, but before he notified the plaintiff of it, he had…
2Cases cited1 opinion
- Senac v. PritchardSupreme Court of Louisiana · 1832
3Cited by2 opinions
- Harrington v. UpchurchLouisiana Court of Appeal · 1976
- Fletcher v. CrichtonLouisiana Court of Appeal · 1935