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Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 15: (English)

Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 15: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 Excerpt: ...to." Again; ': If a ship be freighted and named to be of such a burden, and being freighted by the ton, shall be found less, there shall no more be paid than only by the ton for all such goods as were laden aboard." (lioccu.t, Ingers. trans, n. 72,73, 74,75. Straccha, p. 3. n. II, 12. Malyne, 100.) If the plaintiff has any right of action against the defendant, it must be for not filling up the vessel; not for the freight for goods he never carried. In Ritchie v. Atkinson, (0 East, 295.) where the charter-party expressed the ship to be of the burden of 400 tons or thereabout, and was to proceed to St. Pct'rsburgh, and there load from the factors of the defendant a complete cargo, &c, and deliver the same at W. and L. on being paid so much per ton, &c, the Court of K. B. held, that the delivery of a complete cargo was not a condition precedent, but that the plaintiff might recover freight for a short cargo, at the rate per ton stipulated, and that the freighter had his remedy for the imperfect or short delivery. 2. The contract is between Dnmas and Winslow of the one part, and Hayes of the other. The action, therefore, should have been brought in the names of the contracting parties. (Abt"t, -nrt 3. ch. 1. s. 2. 2 Inst. 673. 2 Lev. 74. 3 Lev. 138. 1 Chitty, PL 4.) I consider it as an instrument under seal; but whether sealed or not, the construction is the same (1 Term Iiep. 678. 1 Chitty, PI. 24. 5 East, 148. 5 Johns. Rep. 239.) Again; the master ought to have made a regular protest; or if no proper officer at the place, then at the first place he could. Malyne, 98. Abbot, 315. 2 Dallas, 196.) 3. The breach set forth as a cause of action is uncertain, as it does not state the sum of money due. (Comyns, Dig. PI (C. 47.) (C. 79.) 3 ...


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Product Details
  • ISBN-13: 9781130090550
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 240
  • Series Title: English
  • Weight: 435 gr
  • ISBN-10: 1130090558
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 13 mm
  • Width: 189 mm


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Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and Correction of Errors in the State of New-York Volume 15: (English)
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