Toler v. Armstrong
U.S. Circuit Court for the District of Pennsylvania
This was an action to recover upwards of $2,000, being so much paid by the plaintiff for freight, shipping charges, duty, charges of importation, appraisement, land carriage to Boston, law and other expenses, on certain goods shipped at St. John’s in New Brunswick, in December, 1813, for account of the defendant, in the schooner George, and consigned to the plaintiff to forward to the defendant, residing in Philadelphia.
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This was an action to recover upwards of $2,000, being so much paid by the plaintiff for freight, shipping charges, duty, charges of importation, appraisement, land carriage to Boston, law and other expenses, on certain goods shipped at St. John’s in New Brunswick, in December, 1813, for account of the defendant, in the schooner George, and consigned to the plaintiff to forward to the defendant, residing in Philadelphia. The schooner George was captured by the Fly, and brought into Ellsworth, in the district of Maine, on the 13th of January, 1814, and there seized and libelled by the…
1Opinion of the CourtWashington, Circuit Justice
(charging jury). The rule of law, under which the defendant seeks to shelter himself against a compliance with his contract to indemnify the plaintiff for all sums which he might have to pay on account of the goods shipped from New Brunswick for the defendant, and consigned to the plaintiff, is a salutary one, founded in morality and good policy; and which recommends itself to the good sense of every man as soon as it is stated. The principle of the rule is. that no man ought to be heard in a court of justice, who seeks to enforce a contract founded in, or arising out of moral or political…
2Cited by8 opinions
- Rinker v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Chicago, B. & Q. Ry. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Swartzer v. GillettWisconsin Supreme Court · 1849
- People v. CharlesDistrict Court, Virgin Islands · 1929
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