Holdsworth v. De Belaunzaran
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. This action was brought to recover a balance alleged to be due under a charter of the plaintiff’s vessel to the defendants. The complaint sets out the charter party of the “Bessie” in full,, and alleges that of the $5,200 to be paid $2,447.60 are still due and unpaid. The answer admits the chartering of the vessel as alleged, and the completion of the voyage.
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Appeal from a judgment in favor of the plaintiff, entered on the report of a referee. This action was brought to recover a balance alleged to be due under a charter of the plaintiff’s vessel to the defendants. The complaint sets out the charter party of the “Bessie” in full,, and alleges that of the $5,200 to be paid $2,447.60 are still due and unpaid. The answer admits the chartering of the vessel as alleged, and the completion of the voyage. It sets forth the acceptance of a certain draft by the plaintiff under circumstances which, it is claimed, operate to release the defendants, and it…
1Opinion of the Court
Brady, J.:
The draft mentioned and now in question was in fact drawn by Poggio on the defendants, in favor of Baring Brothers, at sixty days sight, and which the referee finds Poggio was not authorized to draw on the defendants, Poggio Brothers having at that time no funds with them. It was drawn on the 15th of February, 1882, and was presented for acceptance on or about the first of March following. It was again presented on the 9th of May, 1882, when payment was refused and the bill protested for nonpayment. On the sixth of March the vessel sailed from Cadiz, with a cargo of salt, for.…
2Cases cited1 opinion
- Darnall v. . MorehouseNew York Court of Appeals · 1871