Legal Opinion

Weston v. Minot

U.S. Circuit Court for the District of Massachusetts

Decided September 15, 1847Published

This was a libel transferred from the district court without any decree there, as the judge was related to one of the parties. It alleged that the libelants [G. B. Weston and others] were owners of the ship Mattakeeset, and in -August, 1843, chartered her to the respondents for a voyage from Boston to Madras and Calcutta, and back to Boston.

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This was a libel transferred from the district court without any decree there, as the judge was related to one of the parties. It alleged that the libelants [G. B. Weston and others] were owners of the ship Mattakeeset, and in -August, 1843, chartered her to the respondents for a voyage from Boston to Madras and Calcutta, and back to Boston. That the plaintiffs were to keep the vessel in good condition, and take on board such ■ goods as the respondents offered, to her entire capacity. That she did take a full cargo of ice at Boston, with certain other articles, and delivered them safely to…

1Opinion of the Court

WOODBURY, Circuit Justice.

It may be well in the outset to separate the points in case which are not now in controversy from those which are, and, among those which are, to dispose of such first, as are least difficult and least important. The plaintiffs are now willing to allow the $28,99 for damages on the cloths, the $414.01 for damages on the home cargo, the $40.42 for articles missing, and $2,007.20 for money advanced to them abroad towards freight. The evidence and law in relation to these need not, therefore, be examined. The claims left and still contested, are the $45.49 for expenses…

2Cases cited23 opinions

  1. Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
  2. Elliott v. RossellNew York Supreme Court · 1813
  3. Barber v. BraceSupreme Court of Connecticut · 1819
  4. Post & Russell v. RobertsonNew York Supreme Court · 1806
  5. Putnam v. WoodMassachusetts Supreme Judicial Court · 1807

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