Frith v. Barker
New York Supreme Court
Tins was an action of assumpsit, for the freight of 190 hogsheads of sugar, in the ship Esther Lindo, of which the piaiutiff was master, from Surinam to Neio-YorJc. The * ’ _ cause was tried, at the New-York Sittings, the 6th June, 1806, before Mr. Justice Thompson. The goods were shipped at Surinam according to the of landing, to be delivered to I. S. at N. Y. or his assigns; the freight was stated to be at the rate of $7 per hogshead.
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Tins was an action of assumpsit, for the freight of 190 hogsheads of sugar, in the ship Esther Lindo, of which the piaiutiff was master, from Surinam to Neio-YorJc. The * ’ _ cause was tried, at the New-York Sittings, the 6th June, 1806, before Mr. Justice Thompson. The goods were shipped at Surinam according to the of landing, to be delivered to I. S. at N. Y. or his assigns; the freight was stated to be at the rate of $7 per hogshead. At the foot of the bill of lading, which was endorsed to the defendant,was the Following N.B. “The’casks are in the common order of Surinam hogsheads, which…
1Opinion of the Court
Kent, Ch. J.
The question, whether the shipper at the port of discharge, may abandon his deteriorated goods to the owner of the vessel, and thus avoid the pay-meat of freight, does not necessarily occur in this case. If that question, which is not settled- in our law, should hereafter arise, it would deserve to be well considered; but in the present case, ! consider the’50 hhds. of sugar, about which the controversy exists, as having perished, on the voyage, by the perils of the sea; and if this be the fact, it will be admitted that no freight was due for them. No-freight is due for goods…
2Cited by8 opinions
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- Hollis v. Covenant Blg. & Loan Ass'nSupreme Court of Georgia · 1898
- Astor v. Union InsuranceNew York Supreme Court · 1827
- Pedersen v. EugsterDistrict Court, E.D. Louisiana · 1882
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