Brown & Rives v. Ralston & Pleasants
Court of Appeals of Virginia
This was an action on the case brought in the Superior Court of Henrico county, by Ralston $• Pleasants against Brown Rives. The action was founded on a charter party not under seal, by which it was agreed, that a certain brig called the Commerce, belonging to the plaintiffs, should take a cargo of tobacco and flour for the defendants, from Richmond to Cadiz. The jury found a special verdiet, which is set forth at large in the opinion of Judge Carr.
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This was an action on the case brought in the Superior Court of Henrico county, by Ralston $• Pleasants against Brown Rives. The action was founded on a charter party not under seal, by which it was agreed, that a certain brig called the Commerce, belonging to the plaintiffs, should take a cargo of tobacco and flour for the defendants, from Richmond to Cadiz. The jury found a special verdiet, which is set forth at large in the opinion of Judge Carr. The Court gave judgment for the plaintiffs, and the defendants appealed to this Court.
1Opinion of the Court
Judge Carr,
delivered his opinion.
This is an action of assumpsit on a charter party not under seal. The jury have found a special verdict, setting out the charter party, and stating various other facts, leaving the law to the Court. There is also an agreement of the parties making the bills of lading part of the record. The charter party is not drawn out at length, in the usual form, but considerably abridged. By it, the plaintiffs engage the brig Commerce, commanded by Dixon Brotan, to take a cargo of tobacco and flour for the defendants, from Richmond to .Cadiz direct, at 51. per hogshead,…
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- Brown v. RalstonSupreme Court of Virginia · 1838