Morse v. Pesant
New York Court of Appeals
Richard, Alden, John G., and J. Parker Morse, sued Joseph A. and Manuel Pesant, in the New York superior court, to recover demurrage. The plaintiffs were owners of the ship “ Jane Parker,” and at Havana agreed in writing with Hamel & Co., as freighters, who acted for the firm of Pesant Brothers, the defendants, to receive on hoard the “ Jane Parker,” at Cienfuegos, a cargo of sugar, to be carried to and delivered at New York.
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Richard, Alden, John G., and J. Parker Morse, sued Joseph A. and Manuel Pesant, in the New York superior court, to recover demurrage. The plaintiffs were owners of the ship “ Jane Parker,” and at Havana agreed in writing with Hamel & Co., as freighters, who acted for the firm of Pesant Brothers, the defendants, to receive on hoard the “ Jane Parker,” at Cienfuegos, a cargo of sugar, to be carried to and delivered at New York. The charter-party contained these clauses: “ The said vessel being so loaded, Captain Ruckman shall, with all possible dispatch, make sail,.....and on his arrival at the…
1Opinion of the CourtPorter, J.
The acceptance of a cargo of goods by the consignee, is a recognition of his liability to the shipowner. The contract under which the property was transported becomes his by adoption, and when he avails himself of its provisions so far as they inure in his favor, he is charged with the correlative obligations which spring out of it, whether by mere operation of law or by the force of express stipulations.
In this case, the ship was chartered by the consignees in the name of parties who were acting in their behalf. The bill of lading referred in terms to the charter-party, and the defendants…
2Cases cited1 opinion
- Clendaniel v. TuckermanNew York Supreme Court · 1853
3Cited by1 opinion
- Terjesen v. CarterNew York Court of Common Pleas · 1880