Almgren v. . Dutilh
New York Court of Appeals
Weit op Eeeoe to the Superior Court of the city of New York, where a motion for a new trial, upon a bill of exceptions had been denied, and judgment entered upon a verdict in favor of the plaintiff. This was an action by the plaintiff, the master of a Swedish vessel, to recover from the charterers thereof, certain freight which he claimed to be due in respect to portions of the vessel, excepted from the terms of the charter-party.
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Weit op Eeeoe to the Superior Court of the city of New York, where a motion for a new trial, upon a bill of exceptions had been denied, and judgment entered upon a verdict in favor of the plaintiff. This was an action by the plaintiff, the master of a Swedish vessel, to recover from the charterers thereof, certain freight which he claimed to be due in respect to portions of the vessel, excepted from the terms of the charter-party. In October 1844, the plaintiff chartered his vessel to the defendants, for a voyage from New York to certain ports in the Mediterranean and back. *By the…
1Opinion of the CourtGardiner, J.
According to the charter-party, the plaintiff “ granted, and to freight let, to the defendants, the whole tonnage of the vessel, except so much thereof as may be necessary for the accommodation of the officers and crew and the storage of provisions, water and fuel for the same,” for a voyage from New York to the Mediterranean and back.
One question',, perhaps the most important, is, as to the force to be given to the word “-necessary,” occurring in the exception above quoted. The defendants requested the judge to charge, “ that they were entitled to the use of the whole vessel, except such…
2Cited by4 opinions
- Hagar v. . ClarkNew York Court of Appeals · 1879
- Campbell v. JimenesNew York Court of Common Pleas · 1893
- Schneider Granite Co. v. J. C. Fink Mineral Milling Co.Missouri Court of Appeals · 1899
- Baker v. JohnsonThe Superior Court of New York City · 1864