Heckscher v. McCrea
New York Supreme Court
Error from the superior court of the city of New-York. On the 14th April, 1833, a contract in the nature of a charter party was- entered into between McCrea, the plaintiff in the court below, and two mercantile firms of the city of New York, viz: 0. A. & E. Heckscher, and Low, Wilson & Co., the defendants in the court below, whereby McCrea engaged to despatch the ship Mary, from New- York to Qcmton, and back to New-York, with liberty to touch and trade at Manilla, and to…
Read the full summary
Error from the superior court of the city of New-York. On the 14th April, 1833, a contract in the nature of a charter party was- entered into between McCrea, the plaintiff in the court below, and two mercantile firms of the city of New York, viz: 0. A. & E. Heckscher, and Low, Wilson & Co., the defendants in the court below, whereby McCrea engaged to despatch the ship Mary, from New- York to Qcmton, and back to New-York, with liberty to touch and trade at Manilla, and to ship in the vessel from Canton or Manilla, merchandize consigned to the two firms, to the amount of $22,500, upon the gross…
1Opinion of the Court
By the Court,
Cowen, J.
This is an action for dead freight, which the plaintiff below claimed to have earned under a special contract. The plaintiff agreed to allow a space of 330 tons measurement in the ship Mary, on her return voyage from China to New-York ; the defendants on . [ *307 ] their part *to fill so much of the ship and pay $32 per ton. The ship lay at Canton for the term stipulated, in the course of which time she received cargo from various shippers ', and, among others, the defendants filled up 200 out of their 330 tons. As to the residue, which all parties relied would be filled by…
2Cases cited1 opinion
- Certain Logs of MahoganyU.S. Circuit Court for the District of Massachusetts · 1837
3Cited by5 opinions
- Danley v. WilliamsWisconsin Supreme Court · 1863
- Friedlander v. Pugh, Slocomb & Co.Mississippi Supreme Court · 1870
- The Maria WhiteDistrict Court, D. Maine · 1869
- Stone v. WoodruffNew York Supreme Court · 1883
- Walworth v. PoolSupreme Court of Arkansas · 1849