Gunther v. Colin
New York Court of Common Pleas
Appeal by the defendant from a judgment of the general term of the Marine Court affirming a judgment entered on the verdict of a jury at trial term. The action was brought to recover freight on 100 casks of wine, which the plaintiff agreed to carry from Bordeaux to New Y ork.
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Appeal by the defendant from a judgment of the general term of the Marine Court affirming a judgment entered on the verdict of a jury at trial term. The action was brought to recover freight on 100 casks of wine, which the plaintiff agreed to carry from Bordeaux to New Y ork. The bill of lading admitted the receipt of the casks of wine all full and in good condition, and stipulated to deliver them in the same form, the perils and risks of the sea excepted, on being paid the freight, thirty francs in gold, with ten per •cent, per ton primage over and above average, according to the uses and…
1Opinion of the Court
By the Court.
Brady, J.
The plaintiff carried the freight and delivered it in pursuance of his contract. He conducted himself with fidelity and vigilance during the voyage, and was not guilty of negligence in any respect. His engagement was performed, and he was entitled' to the compensation agreed upon, notwithstanding there was a deficiency in the freight (Griswold v. N. Y. Ins. Co., 3 Johns. 319).
The contract of carriage was made on or about the 30th of June, 1864, and by it the plaintiff was to deliver the goods, the perils and risks of the sea being excepted, on being paid his freight,…
2Cases cited5 opinions
- Scofield v. DayNew York Supreme Court · 1822
- Rodes v. . BronsonNew York Court of Appeals · 1866
- Lee v. WilcocksSupreme Court of Pennsylvania · 1819
- Smith v. ShawU.S. Circuit Court for the District of Pennsylvania · 1808
- M'Kinstry v. PearsallNew York Supreme Court · 1808