Pinto v. Atwater
Supreme Court of Connecticut
In the Court below, TP A HIS was an action of book debt. The general issue being pleaded, and closed to the j ury, a special verdict was found, containing the following facts : The plaintiffs being joint owners of the brig James, lying in the port of New-Haven, ready for sea, and bound for the Island of Trinidad, the defendant, on the 26th of November, 1 “99, applied to them for passage for himself and family, and for freight of two horses and one barrel of apples, from…
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In the Court below, TP A HIS was an action of book debt. The general issue being pleaded, and closed to the j ury, a special verdict was found, containing the following facts : The plaintiffs being joint owners of the brig James, lying in the port of New-Haven, ready for sea, and bound for the Island of Trinidad, the defendant, on the 26th of November, 1 “99, applied to them for passage for himself and family, and for freight of two horses and one barrel of apples, from Ncw-IIaven to Trinidad. The plaintiffs agreed to take the passengers and freight, and trans-post them accordinglv. The…
1Opinion of the Court
By the Court.
The question is, whether the plaintiffs below shall be entitled to freight, according to the *205voyage performed, without any regard -to the salvage 'paid : or"wnether the salvage shall diminish. the freight in such manner, that the plaint iffs shall receive no more than a rateable freight for the property actually saved to the defendant. By the judgment of the Superior Court, the freight has been allowed according to the voyage performed, without reference to the salvage paid ; whereas, ⅛ the opinion of this Court, a rateable freight only should have been allowed, in proportion to…
2Cited by3 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Escopiniche v. StewartSupreme Court of Connecticut · 1817
- Hayward v. BathSupreme Court of New Hampshire · 1857