Robertson v. Bethune
New York Supreme Court
THIS was an action of assumpsit. The declaration ■ * stated, “ that whereas, on the 29th of September, 1805, the plaintiff being owner of the brig Ohio, then lying in £^e Por£ New-Torh, it was agreed between him and the defendants, that the plaintiff should receive on board of the said brig, to be delivered to one William A. Carstairs, at Surinam, 100 casks of codfish, 20 barrels of pickled fish, 100 kegs and firkins, 200' hogshead shooks and . ' headings ; and also should…
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THIS was an action of assumpsit. The declaration ■ * stated, “ that whereas, on the 29th of September, 1805, the plaintiff being owner of the brig Ohio, then lying in £^e Por£ New-Torh, it was agreed between him and the defendants, that the plaintiff should receive on board of the said brig, to be delivered to one William A. Carstairs, at Surinam, 100 casks of codfish, 20 barrels of pickled fish, 100 kegs and firkins, 200' hogshead shooks and . ' headings ; and also should receive on. board of the said Brig at Surinam, to be delivered to the defendants in New-York, 200 hogsheads of molasses,…
1Opinion of the CourtVan Ness, J.
This was a; general ship, in which the defendants had no other interest than what they derived under the _ special contract. The plaintiff engaged to carry to Surinam certain specified articles, and to bring back 200 hogsheads of molasses, for which the plaintiff agreed to pay 2,600 dollars. The contract provides, among other things, that the defendants should be allowed 35 working days at Surinam, for discharging the outward and loading the homeward cargo; and it contains this further stipulation, that if any accident should prevent the delivery of the return cargo, (and this must mean a *348deli…
2Cited by5 opinions
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- Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
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