Brett v. Van Praag
Massachusetts Supreme Judicial Court
Contract, in two counts, to recover freight and demurrage under a charter-party. The defendant filed a declaration in set-off for money paid to the plaintiffs’ use. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiffs were, during the times mentioned herein, the owners of the schooner Nellie Scott, whose home port was East-port, Maine.
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Contract, in two counts, to recover freight and demurrage under a charter-party. The defendant filed a declaration in set-off for money paid to the plaintiffs’ use. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, in substance as follows. The plaintiffs were, during the times mentioned herein, the owners of the schooner Nellie Scott, whose home port was East-port, Maine. On April 19, 1880, the schooner was chartered to the defendant for a voyage from Brunswick, Georgia, to Surinam, South America, and back to…
1Opinion of the CourtLathrop, J.
No question of pleading is raised in this case, and we proceed to consider such of the questions discussed by the parties as seem to us to be material.
It is not disputed that the plaintiffs are entitled to recover the freight on the outward voyage, less advances on account thereof, unless this freight is included in the bottomry bond, and rightly included, with interest, subject to the right of set-off on account of the draft drawn by the master at St. Thomas, and paid by the defendant. The principal questions in the case are whether the master in fact did include the outward freight in the…
2Cases cited3 opinions
- Insurance Co. v. GosslerSupreme Court of the United States · 1878
- The ElizaDistrict Court, D. Massachusetts · 1866
- The ZephyrU.S. Circuit Court for the District of Massachusetts · 1824
3Cited by1 opinion
- Ryder v. PlumleySupreme Court of Florida · 1939