Detouches v. Peck
New York Supreme Court
THIS was an action on the case, brought to recover back the passage money, paid by the plaintiff to the defendant, for a passage in the schooner TJrania, owned by Messrs. Minturn 8c Champlin, from Amsterdam to Batavia. The 'cause was tried before Mr. Justice Thompson, at the Nerv-York sittings, in May, 1811. The following receipt was produced on the part of the plaintiff.
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THIS was an action on the case, brought to recover back the passage money, paid by the plaintiff to the defendant, for a passage in the schooner TJrania, owned by Messrs. Minturn 8c Champlin, from Amsterdam to Batavia. The 'cause was tried before Mr. Justice Thompson, at the Nerv-York sittings, in May, 1811. The following receipt was produced on the part of the plaintiff. “Received of P. G. Detouches, the sum of .1,750 guilders, for passage and boarding on board of my vessel, the Urania, on her present voyage to Batavia, for which I engage myself to afford him my table, and every other…
1Per curiam
The plaintiff is not entitled to recover; for it'., was Jug own act that the voyage was not performed by him. The schooner Urania deviated from her direct course, and entered the port of New-York, from necessity, and as the plaintiff bad a better ship provided for his voyage, and made no objection to the change, but was prevented from sailing by his own private business or indisposition, he has no right to call for a return of the freight money, or any part of it. The providing of provisions and accommodations for his passage entered essentially into the consideration for the advance, and…
2Cited by5 opinions
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