Clark v. Gifford
Supreme Court of Louisiana
Ari’EAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action against the captain and owners of the ship Tarquín, to recover of them three hundred and fifty dollars, for an alleged breach of contract, to tow said ship from the Balize to New-Orleans.
Read the full summary
Ari’EAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW-ORLEANS. This is an action against the captain and owners of the ship Tarquín, to recover of them three hundred and fifty dollars, for an alleged breach of contract, to tow said ship from the Balize to New-Orleans. The plaintiffs allege they are joint owners of the tow-boat Huntress, and that at the special instance and request of the master of said ship, made known by signal, they came along side, made fast, and commenced towing the ship, the contract being expressly and tacitly agreed on with the captain, to tow her to the cityfor…
1Opinion of the Court
Mathews J.,
delivered the opinion of the court.
This is a suit brought by the captain and owners of the steam-boat Huntress, employed as a tow-boat for vessels, passing between New-Orleans and the Balize, against the captain and owners of the ship Tarquín. The plaintiffs base their action on a contract for towing, made between the captain of the steam-boat and the captain of the ship, by which it was agreed between the parties, that the latter should be towed to New-Orleans by the former, at the usual or customary price for such a voyage of towing, which is averred to be three hundred and fifty…
2Cited by1 opinion
- Ledoux v. ArmorSupreme Court of Louisiana · 1843