Administrators of Patten v. Park
New York Supreme Court
Special action, on the case, for breach of contract. Plea, the general issue, with an agreement to try the cause on its merits, without regard to the pleadings. The intestate had signed shipping articles on board the ship Commerce, on a voyage from New York to Nantz, thence to Bourdeaux, and thence home, at a stipulated rate of wages per month. She sailed from New York and arrived safely at Nantz.
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Special action, on the case, for breach of contract. Plea, the general issue, with an agreement to try the cause on its merits, without regard to the pleadings. The intestate had signed shipping articles on board the ship Commerce, on a voyage from New York to Nantz, thence to Bourdeaux, and thence home, at a stipulated rate of wages per month. She sailed from New York and arrived safely at Nantz. After she had remained some time at Nantz, new shipping articles were prepared, and signed by some of the crew, but not by the intestate. From Nantz she sailed for the Isle of France, where she…
1Opinion of the CourtVan Ness, J.
These facts can form no exception to the general rule. The plaintiffs may give parol proof of the contents of the articles.
It was then contended, by the defendant’s counsel, that, as the shipping articles were the ground work of the plain-' tiffs’ action, and were as much within their reach as within the defendant’s, they ought to have produced them; and since they had failed to do so, that they ought to be non-suited.
*48The court denied the motion for a non-suit, and Van Ness, J., said, the shipping articles are never in the seaman’s possession, and if he had sent a commission to Liverpool, he…
2Cases cited3 opinions
- Dunnett v. TomhagenNew York Supreme Court · 1808
- Detouches v. PeckNew York Supreme Court · 1812
- The SaratogaU.S. Circuit Court for the District of Massachusetts · 1814