Post & Russell v. Robertson
New York Supreme Court
THIS was an action of covenant on a charter-party dated the 4th day of August 1803, between the plaintiffs, as agents for the owners of the brig Jefferson, and the defendants, by which the plaintiffs granted, and let to freight to the defendant, the said brig, for a voyage from the port of New-York to the island of St. Lucia, and back again ... ° to New-York.
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THIS was an action of covenant on a charter-party dated the 4th day of August 1803, between the plaintiffs, as agents for the owners of the brig Jefferson, and the defendants, by which the plaintiffs granted, and let to freight to the defendant, the said brig, for a voyage from the port of New-York to the island of St. Lucia, and back again ... ° to New-York. On the part of the plaintiffs, it was cove-nanted, that the vessel should be ready and proceed on her voyage, and deliver the cargo, to be put on board by the defendant, to him, or his factors, or agents at St. Lucia, &c. anJ receive and…
1Opinion of the CourtThompson, J.
This is an action of covenant upon a charter-party, and one of the questions arising from the case, is, whether, under the circumstances stated, the plaintiffs can recover, if at all, in this form of action ? From a view of the facts, stated in the case, I think the plaintiffs’ remedy for freight is not upon the charter-party. The contract of affreightment is am entire contract; and the general rule is, that unless it be entirely performed, by a delivery of the goods at the place of destination, no freight is due. (Abbott, 224) This is the rule, I apprehend, however, only where the ship is…
2Cited by19 opinions
- The Eliza LinesSupreme Court of the United States · 1905
- The Eliza LinesSupreme Court of the United States · 1895
- Hinsdell & Pitcher v. WeedNew York Supreme Court · 1848
- Raiford v. Mississippi Central RailroadMississippi Supreme Court · 1870
- Welch v. HicksNew York Supreme Court · 1826
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