Kellogg v. Union Co.
Supreme Court of Connecticut
IN ERROR. This was an action of debt, brought by the Union Company, against ¡Samuel and William Kellogg, to recover of them, as owners of the brig Alexander, the toll authorized by the charter of the company for the passing of that vessel up Connecticut river from Middletoivn or below to Hartford, drawing more than six feet of water.
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IN ERROR. This was an action of debt, brought by the Union Company, against ¡Samuel and William Kellogg, to recover of them, as owners of the brig Alexander, the toll authorized by the charter of the company for the passing of that vessel up Connecticut river from Middletoivn or below to Hartford, drawing more than six feet of water. There were five counts :n the declaration; in the two first of which the plantiffs sought to recover the forfeiture of three times the amount of the toll, and in the three last, the toll simply. One of the latter counts was as follows: That on the 24th of May…
1Opinion of the CourtBissell, J.
The several questions presented by this record, and reserved for our advice, are now to be considered.
It was conceded, on the trial, that no recovery could be had for the forfeitures under the first and second counts of the declaration, no demand having been made of the master of the vessel within twenty-four hours, and he not having been notified that Dickinson was the agent of the company. The plaintiffs claimed to recover the toll merely, under the three last counts. It is now insisted, that these counts are insufficient, inasmuch as no special notice and demand are averred.
It is said,…
2Cases cited8 opinions
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- Gibbons v. OgdenSupreme Court of the United States · 1824
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Inhabitants of East-Haven v. HemingwaySupreme Court of Connecticut · 1828
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
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3Cited by15 opinions
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