Barker v. Havens
New York Supreme Court
THIS was an action of assumpsit, brought to recover the freight and primage of ninety bales of cotton, shipped by the defendant, on board of the plaintiff’s vessel, to be carried from .A vw-York to Liverpool.
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THIS was an action of assumpsit, brought to recover the freight and primage of ninety bales of cotton, shipped by the defendant, on board of the plaintiff’s vessel, to be carried from .A vw-York to Liverpool. The cause was tried at the New-Yorlc sittings, in June last, and a verdict taken, by consent, for the plaintiff, for 587 dollars, subject to the opinion of the court on the following case: The declaration stated, that the defendant, on the 1st of July, 1817, at the city of New-York, in consideration that the plaintiff, at his request, would take on board of the plaintiff's ship, called…
1Opinion of the Court
*Spencer, Ch. J.,
delivered the opinion of the court. The plaintiff's right to recover freight, depends on the legal import of the clause in the bill of lading, by which it is stipulated, that the goods should be delivered to Cropper, Benson, Co. “ they paying freight for the same, one penny sterling per pound, with primage and average accustomed.”
The effect of this clause has been repeatedly considered in the English courts, and the decisions have been uniform in both the King’s Bench and Common Pleas. In Shephard v. De Bernales, (13 East, 508.) Lord Ellenborough examined all the cases, and…
2Cited by11 opinions
- Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
- Central Railroad v. MacCartneySupreme Court of New Jersey · 1902
- Hand v. BaynesSupreme Court of Pennsylvania · 1839
- Davis v. . PattisonNew York Court of Appeals · 1862
- McEwen v. Jeffersonville, Madison, & Indianapolis RailroadIndiana Supreme Court · 1870
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