Roberts v. Opdyke
The Superior Court of New York City
Exceptions taken at the trial, and there ordered to he first heard at the general term. The complaint sets forth, verbatim, a charter party between the plaintiff and defendant, dated August 21, 1862, whereby the defendant chartered the steamship Philadelphia, “ for a voyage from the port of New York to New Orleans, and return to New York.”
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Exceptions taken at the trial, and there ordered to he first heard at the general term. The complaint sets forth, verbatim, a charter party between the plaintiff and defendant, dated August 21, 1862, whereby the defendant chartered the steamship Philadelphia, “ for a voyage from the port of New York to New Orleans, and return to New York.” The defendant covenanted to pay to the plaintiff “ for the charter or freight of the said vessel during the voyage aforesaid,” $25,000, “upon delivery of her cargo at New York.” The charter party contains this clause, viz : “It is understood that the…
1Opinion of the Court
Bosworth, Ch. J.
The defendant insists “ that hy the terms of the contract, the plaintiff was hound to carry out to Hew Orleans 700 tons measurement of assorted cargo; that the defendant was prepared to load the vessel, to that extent, hut that when she was loaded with 361 tons of such cargo, the plaintiff, against the demand of the defendant to he állowed to load her to the extent agreed upon, refused to receive on board the vessel any greater amount than 361 tons, and the vessel thereupon embarked on her voyage to Hew Orleans- with that amount, and no more.”
“ That the contract is entire, and…
2Cases cited6 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Westcott v. . ThompsonNew York Court of Appeals · 1858
- Betts v. PerineNew York Supreme Court · 1835
- Weisser v. MaitlandThe Superior Court of New York City · 1849
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