Morse v. Pesant
New York Court of Appeals
The action was by the respondents, as owners of the ship “ Jane Parker,” to recover damages in the nature 'of demur-rage against the appellants as consignees.
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The action was by the respondents, as owners of the ship “ Jane Parker,” to recover damages in the nature 'of demur-rage against the appellants as consignees. The cause was tried in the Superior Court before Judge Piebbepont, and resulted in a verdict in favor of the plaintiffs for $900. The judgment was affirmed at the General Term, and the particular facts are detailed in the report of the case in 7 Bosworth, 199. The charter party was entered into at Havana, with Hamel & Co., who contracted in their own' names, but in behalf of the defendants, one of whom was there at the time. By its…
1Opinion of the CourtPoster, J.
The acceptance of a cargo of goods by the consignee, is a recognition of his liability to the ship-owner. 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 by6 opinions
- Davison v. . City BankNew York Court of Appeals · 1874
- Woodruff v. . HavemeyerNew York Court of Appeals · 1887
- Fisher v. AbeelNew York Supreme Court · 1873
- Gilson v. MaddenNew York Supreme Court · 1869
- Falkenburg v. ClarkSupreme Court of Rhode Island · 1876
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