Waydell v. Adams
New York Supreme Court
Action by John 0. Waydell and others against Edwin W. Adams and others to recover freight moneys. Plaintiffs were charterers, and defendants were shippers.
1Opinion of the CourtMcABAM, J.
The lumber carried on the schooner James A. Garfield was, no doubt, correctly tallied and measured at Matanzas, Cuba, the port of delivery, where it was found to amount to 185,422 feet. Upon this measurement the freight, according to the contract, was $838.40, on account of which $123.56 was paid, leaving a balance of $710.84 (Spanish), which, at a discount of 10 per cent., makes $646.21 due the plaintiffs. The voyage was in fair weather and on a smooth sea. None of the cargo was lost or thrown overboard, and the master evidently delivered all the lumber he received. The tally *241at the port of…
2Cases cited9 opinions
- The DelawareSupreme Court of the United States · 1872
- Meyer v. . PeckNew York Court of Appeals · 1863
- Ellis v. . WillardNew York Court of Appeals · 1854
- Price v. . HartshornNew York Court of Appeals · 1870
- Abbe v. EatonCommission of Appeals · 1873
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