Meech v. Robinson
Supreme Court of Pennsylvania
This was an action of assumpsit for money had and received, brought by Asa B. Meech and others trading as A. B. Meech & Co. and William Currie, against Edward W. Robinson. The plaintiffs were the owners of a brig called the Tallahassee, which was chartered by the defendant for a voyage from Philadelphia, where she was lying, to the port of Tampico.
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This was an action of assumpsit for money had and received, brought by Asa B. Meech and others trading as A. B. Meech & Co. and William Currie, against Edward W. Robinson. The plaintiffs were the owners of a brig called the Tallahassee, which was chartered by the defendant for a voyage from Philadelphia, where she was lying, to the port of Tampico. The vessel was stranded on her outward voyage, and the proceeds of what was saved, received by the defendant, and this action was brought to recover the proportion of general average, to which the plaintiffs alleged that they were entitled. On the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J. —
The case before us does not seem to come within the principle of any of the cases piled by the counsel for the plaintiffs. Sims v. Gurney, (4 Binn. R. 513,) has been relied on. It would be sufficient, however, to say that that case was not one where the ship was wrecked, or any apprehension entertained that she was in danger of being so, but a case merely where she, as it was firmly believed, about to be unavoidably driven on shore, without the least risk of being wnrecked by it, was, for the purpose of conducting her to a place where the…
2Cases cited2 opinions
- Gray v. WalnSupreme Court of Pennsylvania · 1816
- Lewis v. CulbertsonSupreme Court of Pennsylvania · 1823
3Cited by1 opinion
- Slater v. Hayward Rubber Co.Supreme Court of Connecticut · 1857