Escopiniche v. Stewart
Supreme Court of Connecticut
THIS was an action of assumpsit for the freight of thirty-nine casks and sixty bags of rice from New-London to the West-Indies. The declaration consisted of two counts. The first count stated a contract, on the part of the plaintiff, to transport the rice to Antigua, in the West-Indies, and on the part of the defendant, to pay 441 dollars for the freight.
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THIS was an action of assumpsit for the freight of thirty-nine casks and sixty bags of rice from New-London to the West-Indies. The declaration consisted of two counts. The first count stated a contract, on the part of the plaintiff, to transport the rice to Antigua, in the West-Indies, and on the part of the defendant, to pay 441 dollars for the freight. The second count stated, that the plaintiff, at the special instance and request of the defendant, received the rice on board to transport the same, for the defendant, to the West-Indies for a reasonable freight ; that he transported the…
1Opinion of the Court
Swift, Ch. J.
It is a principle of maritime law, that where’there is a contract to transport goods on freight to a certain place, if the voyage be in part performed, and the owner voluntarily accepts them at an intermediate port, be shall pay freight pro rata itincris peraeti — that is, a rateable freight in proportion to the voyage actually performed. By the general rules of law, the master or owner of the vessel would not be entitled to freight, unless the whole voyage was performed ; and the goods delivered at the port of destination. But if the freighter will voluntarily accept them at an…
2Cases cited3 opinions
- Armroyd v. Union InsuranceSupreme Court of Pennsylvania · 1811
- Williams v. SmithNew York Supreme Court · 1804
- Pinto v. AtwaterSupreme Court of Connecticut · 1804
3Cited by2 opinions
- Escopiniche v. StewartSupreme Court of Connecticut · 1818
- In re the Estate of StebbinsNew York Surrogate's Court · 1907