Walden v. Le Roy
New York Supreme Court
Assumpsit by the plaintiffs, owners of the ship Thomas, against the defendants, proprietors of her cargo, for their quota of a general average, for wages and provisions, incurred and expended, from the time of bearing away to Norfolk, in consequence of a leak sprung in a violent gale of wind, which, on consultation with the crew, rendered it necessary to make for the nearest port, in order to refit.
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Assumpsit by the plaintiffs, owners of the ship Thomas, against the defendants, proprietors of her cargo, for their quota of a general average, for wages and provisions, incurred and expended, from the time of bearing away to Norfolk, in consequence of a leak sprung in a violent gale of wind, which, on consultation with the crew, rendered it necessary to make for the nearest port, in order to refit. The demand extended from the moment of bearing away to the period of sailing in prosecution of the original voyage, including the time of detention in unloading, repairing, and loading again. The…
1Opinion of the Court
Kent, Oh. J.
delivered the opinion of the court. In the case of Leavenworth v. Delafield and Dale, (vol. 1, 573,) decided in this court in February, 1804, the vessel was captured and carried into port, where she was detained four months, and then liberated. It was there held that the wages and provisions of the crew during the detention, were to be brought into a general average. In this *case the vessel was forced into port by injuries received at sea, which rendered it necessary for the general safety to go into the nearest port to repair. The two cases appear, at first view, to be…
2Cited by1 opinion
- Star of HopeSupreme Court of the United States · 1870