Ashburner v. . Balchen
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment upon a verdict in favor of the plaintiff, had been affirmed. This was an action upon a charter-party, dated the 18th February 1847, made between the plaintiff and the firm of Schmidt & Balchen, but executed by Balchen only, for refusing to furnish a cargo.
Read the full summary
Appeal from the general term of the Superior Court of the city of New York, where a judgment upon a verdict in favor of the plaintiff, had been affirmed. This was an action upon a charter-party, dated the 18th February 1847, made between the plaintiff and the firm of Schmidt & Balchen, but executed by Balchen only, for refusing to furnish a cargo. The charter-party purported to be made between A. E. Ashburner, of Philadelphia, managing owner of the schooner John Hartman, of Philadelphia, “of the burden of one hundred and ninety tons, or thereabouts, now lying in the port of New York,” and the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] On the trial it was insisted that the fact affirmed in the charter party that the vessel was of the burthen of one hundred and ninety tons or thereabouts was a warranty; but on the argument here that was not insisted upon by the counsel who argued the cause for the defendant. It clearly was not intended as such by the parties. The construction of the contract was a question for the court, and the judge was right upon that point in his charge to the jury.
But it…
2Cited by10 opinions
- Watts v. CamorsSupreme Court of the United States · 1885
- The Gazelle and CargoSupreme Court of the United States · 1888
- Utter v. ChapmanCalifornia Supreme Court · 1869
- Jacob Dold Packing Co. v. Kings County Refrigerating Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Leblond v. McNearDistrict Court, N.D. California · 1900
5 more not listed; retrieve them via the Exa API.