Courcier v. Ritter
U.S. Circuit Court for the District of Eastern Pennsylvania
In October, 1812, the defendant, a merchant of Philadelphia, consigned to the plaintiff, a merchant of Bourdeaux, forty bags of coffee, weighing betwen five and six thousand pounds, which were accompanied by a letter of advice, apprizing him of the consignment, and containing the following order, viz. “You will please to make sale of the coffee immediately on arrival, and forward the returns in the articles undermentioned, by tbe same schooner.”
Read the full summary
In October, 1812, the defendant, a merchant of Philadelphia, consigned to the plaintiff, a merchant of Bourdeaux, forty bags of coffee, weighing betwen five and six thousand pounds, which were accompanied by a letter of advice, apprizing him of the consignment, and containing the following order, viz. “You will please to make sale of the coffee immediately on arrival, and forward the returns in the articles undermentioned, by tbe same schooner.” The vessel was compelled to put in at Bayonne, where she arrived in December of that year, but was not permitted to land her cargo until the 24th of…
1Opinion of the Court
WASHINGTON, Circuit Justice.
There are two questions for the consideration of the jury. (1) Were the defendant’s orders disobeyed; and if they were, does the plaintiff stand excused by the circumstances which his counsel have urged in his favor? (2) If this point be against him, has the defendant, by his conduct, discharged him from the legal consequences of his disobedience? .
1. The order contained in the letter of instruction which accompanied the coffee consisted of two parts: (1) To sell the coffee immediately on arrival; and (2) with the proceeds, to purchase a return cargo, to be…
2Cited by5 opinions
- Fordyce v. PeperUnited States Circuit Court · 1883
- Royal Bank of Canada v. Universal Export Corp.Court of Appeals for the Second Circuit · 1926
- Evans v. . RootNew York Court of Appeals · 1852
- Coquard v. WeinsteinMontana Supreme Court · 1895
- Rogers v. BradfordWisconsin Supreme Court · 1844