Smyth v. Wright
New York Supreme Court
This was an action of assumpsit, brought to recover payment of freight, pro rata itmeris, of a cargo of wheat shipped by the defendant on board the plaintiff’s vessel, at Sandusky City, Ohio, to be transported thence to Oswego, and there delivered to the defendant; he paying charges, to wit, lake freight at 8 cents per bushel. The cargo was insured by the defendant in the office of the Merchants’ Mutual Insurance Company, of Buffalo.
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This was an action of assumpsit, brought to recover payment of freight, pro rata itmeris, of a cargo of wheat shipped by the defendant on board the plaintiff’s vessel, at Sandusky City, Ohio, to be transported thence to Oswego, and there delivered to the defendant; he paying charges, to wit, lake freight at 8 cents per bushel. The cargo was insured by the defendant in the office of the Merchants’ Mutual Insurance Company, of Buffalo. The Vessel proceeded upon her voyage, and was wrecked on Lake Ontario, without fault of the master or crew of the vessel, and the defendant abandoned the cargo…
1Opinion of the Court
By the Court, W. F. Allen, J.
This action was tried by the court, and the case should have shown what facts were found by the judge, and his conclusions of law. {Code, § 268.) The facts proved are not specified. As the evidence is not con- ' fiieting, and the facts not complicated, we may, without sending the case back for resettlement, assume that the judge found such facts as are warranted by the evidence and will support the judgment.
The evidence warrants the conclusions, 1. That the cargo was insured, and upon the happening of the disaster to the vessel spoken of in the evidence, was…
2Cases cited10 opinions
- Parsons v. HardyNew York Supreme Court · 1835
- Caze v. Baltimore InsuranceSupreme Court of the United States · 1813
- The Nathaniel HooperU.S. Circuit Court for the District of Massachusetts · 1839
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Emans v. TurnbullNew York Supreme Court · 1807
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3Cited by2 opinions
- Hubbell v. Great Western InsuranceNew York Court of Appeals · 1878
- Olsson v. Theo. H. Davies & Co.Hawaii Supreme Court · 1890