McAndrews v. Thatcher
Supreme Court of the United States
The Bhip Rachel, owned by Thatcher and others, of Boston, sailed from Liverpool for New York in July, 1859, with a cargo, consisting, among other things, of four hundred and four boxes of liquorice paste, consigned to McAndrews, in New York. The vessel, with her cargo, arrived in safety inside of Sandy Hook on the 21st of September; hut, in coming up the bay, struck in a gale on the west bank, in the lower harbor, and became fast.
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The Bhip Rachel, owned by Thatcher and others, of Boston, sailed from Liverpool for New York in July, 1859, with a cargo, consisting, among other things, of four hundred and four boxes of liquorice paste, consigned to McAndrews, in New York. The vessel, with her cargo, arrived in safety inside of Sandy Hook on the 21st of September; hut, in coming up the bay, struck in a gale on the west bank, in the lower harbor, and became fast. Regarding the ship and cargo as in peril, the master accepted the services of a steamer which that same day came alongside, to get her off. This steamer passed her…
1Opinion of the CourtJustice Clifford
delivered the opinion of the eourt. †
Views of the defendants are, that the case, as stated, is not a case for contribution in general average, and that the court erred in instructing the jury that the plaintiffs were entitled to recover.
Primary proposition maintained by the defendants is, that expenses incurred in a voyage, although they were necessary and proper, are not to be carried into general average unless they were of an extraordinary character, nor unless it appears that they were • incurred for the joint benefit of the ship and cargo; and that inasmuch as it appears in this case…
2Cases cited2 opinions
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
- Bevan v. Bank of United StatesSupreme Court of Pennsylvania · 1839
3Cited by24 opinions
- Ralli v. TroopSupreme Court of the United States · 1895
- The JasonSupreme Court of the United States · 1912
- Aktieselskabet Cuzco v. the SucarsecoSupreme Court of the United States · 1935
- Globe & Rutgers Fire Ins. Co. v. United StatesCourt of Appeals for the Second Circuit · 1939
- Hobson v. LordSupreme Court of the United States · 1876
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