Legal Opinion

Falkenburg v. Clark

Supreme Court of Rhode Island

Decided January 22, 1876Published

Exceptions to the Court of Common Pleas. This action was assumpsit brought in the Court of Magistrates of the City of Providence, carried by appeal to the Court of Common Pleas, and brought into this court by the defendant’s exceptions.

1Opinion of the CourtPotteb, J.

In this case, Falkenburg, the plaintiff, owner of a vessel, sues Henry C. Clark, the defendant, as consignee of the cargo, in an action on the case for demurrage, or detention of his coal véssel. The first count, for book account, in its present shape, need not be considered. The second count alleges that the defendant was indebted to the plaintiff in the sum of one hundred dollars, in consideration that the plaintiff, at the special instance and request of the defendant, had before that time suffered and permitted the said defendant to retain and keep, and the said defendant retained and…

2Cases cited3 opinions

  1. The Apollon.Supreme Court of the United States · 1824
  2. Cross v. . BeardNew York Court of Appeals · 1862
  3. Morse v. PesantNew York Court of Appeals · 1865

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