Johnson v. Miln
New York Supreme Court
Error from the New-York common pleas. Johnson sued Miln in an action of covenant on a charter party, entered into under seal, whereby the plaintiff let to the defendant a brig to freight for a voyage from New-York to Liverpool. The brig was described in the charter party as “ of the burthen of 264 tons, or thereabouts.” The defendant covenanted to pay for the charter or freight of the vessel £450 sterling, with five per cent, primage thereon.
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Error from the New-York common pleas. Johnson sued Miln in an action of covenant on a charter party, entered into under seal, whereby the plaintiff let to the defendant a brig to freight for a voyage from New-York to Liverpool. The brig was described in the charter party as “ of the burthen of 264 tons, or thereabouts.” The defendant covenanted to pay for the charter or freight of the vessel £450 sterling, with five per cent, primage thereon. The freight, as per bill of lading, to be taken in full payment, if they amounted to the sum agreed to be paid; but if they did not amount to that sum,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The learned judge stated the law to the jury correctly, and there is no ground for the reversal of this judgment. It is true, as stated, that previous to the revised statutes, the law was that the consideration of a sealed instrument could not be enquired into; the seal imported a consideration; nor could fraud be shown only in relation to the execution of the instrument; that the party executing the instrument was drunk or lunatic,.or that the deed was falsely read, or another fraudulently substituted, so that the real assent of the mind was never given. Starkie’s…
2Cited by15 opinions
- Vernon Fire & Casualty Insurance Co. v. ThatcherIndiana Court of Appeals · 1972
- Tyler v. AndersonIndiana Supreme Court · 1886
- Moore v. HarmonIndiana Supreme Court · 1895
- Leicher v. KeeneyMissouri Court of Appeals · 1903
- Thomas v. . BeebeNew York Court of Appeals · 1862
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