Burrill v. Cleeman
New York Supreme Court
5 was an action of covenant, in a chatter party, made the 10th of March, 1817, by which the plaintiffs let to freight, to the defendant, the schooner Aurora, “for a voyage from New- York to Pernambuco.” The plaintiffs stipulated to re ceive a cargo, and (the dangers of the seas and restraints of rulers and princes excepted) to proceed therewith, from the port of New-York to Pernambuco, and there deliver the said cargo to the defendant, his factors or agents.
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5 was an action of covenant, in a chatter party, made the 10th of March, 1817, by which the plaintiffs let to freight, to the defendant, the schooner Aurora, “for a voyage from New- York to Pernambuco.” The plaintiffs stipulated to re ceive a cargo, and (the dangers of the seas and restraints of rulers and princes excepted) to proceed therewith, from the port of New-York to Pernambuco, and there deliver the said cargo to the defendant, his factors or agents. The defendant was to be allowed 40 running days, for discharging the cargo at P. from the time of the vessel’s arriving there, and being…
1Opinion of the Court
#Vast Ness, J.,
delivered the opinion of the court. Whether here were not two distinct voyages, one out, and the other home, or not, is a question not necessary- to be decided. The terms of this charter party are a little peculiar, and I am not prepared to say, that if the cargo had been delivered at Pernambuco, that the outward freight would not have been earned, in case the vessel had never arrived at New-York. But the cargo lias not been delivered there, and the outward freight, therefore, admitting the voyage to be divisible, has not been earned. The stipulation, however, that the freight,…
2Cited by4 opinions
- Jenkins v. WheelerNew York Court of Appeals · 1867
- Johnston v. DavisMichigan Supreme Court · 1886
- The HarrimanU.S. Circuit Court for the District of California · 1867
- Towle v. KettellMassachusetts Supreme Judicial Court · 1849