Legal Opinion

Lemont v. Lord

Supreme Judicial Court of Maine

Decided July 1, 1864PublishedCited by 2 opinions

On pacts agreed. Assumpsit. Tbe facts sufficiently appear in the opinion of the Court. substantially argued as follows : — I. The carrier, who is unable to obtain his freight, on right delivery of cargo, or offer to deliver, may recover it by suit against the party who contracted for the carriage, the shipper or consignor. Blanchard v. Page, 8 Gray, 281. This case, as reported above, is to be distinguished from the same case as cited in 1 Parsons’ Maritime Law, 222, note.

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On pacts agreed. Assumpsit. Tbe facts sufficiently appear in the opinion of the Court. substantially argued as follows : — I. The carrier, who is unable to obtain his freight, on right delivery of cargo, or offer to deliver, may recover it by suit against the party who contracted for the carriage, the shipper or consignor. Blanchard v. Page, 8 Gray, 281. This case, as reported above, is to be distinguished from the same case as cited in 1 Parsons’ Maritime Law, 222, note. That citation appears, to be from the first decision, which was afterwards reversed, by the same Court, on rehearing, as…

1Opinion of the Court

The opinion of the Court was drawn by

Kent, J.

The plaintiffs claim to recover of the defendants, in an action of assumpsit, on an account annexed and with the usual money counts, for the carriage of coal from the Mauritius to Rangoon.

The case comes before us on an agreed statement of facts. The plaintiffs are the owners of the barque Alfred Le*384mont; the defendants were the owners of the ship Waban ; both American vessels. The "Waban” having on board a cargo of coal, which had been laden in pursuance of the terms of a charter party, entered into at London, sailed on her voyage from Cardiff to…

2Cases cited3 opinions

  1. Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
  2. Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
  3. Saltus v. Ocean InsuranceNew York Supreme Court · 1815

3Cited by2 opinions

  1. Frank Waterhouse, Ltd. v. Rock Island Alaska Min. Co.Court of Appeals for the Ninth Circuit · 1899
  2. McLoon's Administrator v. CummingsSupreme Court of Pennsylvania · 1873

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