Cutts v. Frost
Superior Court of New Hampshire
[Covenant, on a charter-party of affreightment. At November Term, 1813, the following case was stated for the opinion of the Court:] — In an action, in a plea of covenant broken on a charter-party of affreightment, between said Cutts, of the one part, and said Frost and one Richard Cutts, Jr., of the other part, dated the second day of September, A.D. 1810. On the said second day of September, 1810, the said George P. Frost signed and sealed the charter-party hereunto…
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[Covenant, on a charter-party of affreightment. At November Term, 1813, the following case was stated for the opinion of the Court:] — In an action, in a plea of covenant broken on a charter-party of affreightment, between said Cutts, of the one part, and said Frost and one Richard Cutts, Jr., of the other part, dated the second day of September, A.D. 1810. On the said second day of September, 1810, the said George P. Frost signed and sealed the charter-party hereunto annexed, the sealing being writing the word seal in the manner which by said charter-party appears, the said Frost declaring…
1Opinion of the CourtSmith, C. J.
Two questions are made.
1st. Whether an action of covenant can be maintained on this instrument. And, 2d, if it can, whether the facts warrant a recovery for any portion of the freight or hire; and, if so, for how much.
1. If this be not a sealed instrument, covenant cannot be maintained on it.
[After discussing the legal requisites of a seal, and holding that writing the word seal with a pen does not constitute a seal, the opinion proceeds as follows:] In this case, even if defendant had signed a written agreement, declaring that this instrument was to be considered as a deed, and the scroll…
2Cases cited8 opinions
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Barker v. CheriotNew York Supreme Court · 1807
- Locke v. SwanMassachusetts Supreme Judicial Court · 1816
- Brown v. HuntMassachusetts Supreme Judicial Court · 1814
- Donahoe v. KettellU.S. Circuit Court for the District of Massachusetts · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Titman's Administrator v. TitmanSupreme Court of Pennsylvania · 1870
- Clement v. AdamsNew York Supreme Court · 1856
- Frost v. SauersCourt of Appeals of Kansas · 2020