Chamberlain v. Reed
Supreme Judicial Court of Maine
This was an action of assumpsit for money had and received to recover $115,00, paid by the plaintiff to defendant on the 8th Dec. 1832, for the balance of an adjustment made at Boston, by Z. CooJc, a ship-broker, of general average and for specific charges on plaintiff’s property on board the schooner Jane, of Boston, of which defendant was master, and which had sustained damage and incurred expenses in unloading and reloading the cargo in GouldsborougJi harbor.
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This was an action of assumpsit for money had and received to recover $115,00, paid by the plaintiff to defendant on the 8th Dec. 1832, for the balance of an adjustment made at Boston, by Z. CooJc, a ship-broker, of general average and for specific charges on plaintiff’s property on board the schooner Jane, of Boston, of which defendant was master, and which had sustained damage and incurred expenses in unloading and reloading the cargo in GouldsborougJi harbor. The money was paid at New-Haven, the port of discharge, under circumstances, which sufficiently appear in the opinion of the Court.…
1Opinion of the Court
After a continuance, the opinion of the Court was drawn up by
Weston C. J.
We are satisfied with the adjustment made by the broker of the general average, and of the specific charges upon the deck-load; and that if no charge of negligence or want of skill was justly imputable to the master, the adjustment was warranted by the facts, upon which it was made. And upon the *360same assumption only can it be conclusive upon the plaintiff, and upon all concerned. If it were otherwise, as the adjustment was procured by the master, without the assent or privity of the other parties, upon the protest and…
2Cited by7 opinions
- Johnson v. FordTennessee Supreme Court · 1922
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
- Burke v. GouldCalifornia Supreme Court · 1894
- Foote v. De PoySupreme Court of Iowa · 1905
- United States v. St. Paul Fire & Marine Ins.District Court, S.D. New York · 1931
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