Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit Volume 1; (1810-1887). (Paperback)

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. 1827 Excerpt: ...between the defendant and the captain on this subject, and he understood the defendant to promise to pay the freight if the general average was deducted. He however admitted, that there might have been conversations between the parties which he did not hear. His testimony was, therefore, at best, but of the negative kind. And the credibility of captain Dayton was a question proper for the determination of the jury; and their finding establishes the promise, according to his testimony. It was argued, however, that admitting the promise to have been made, it was void for want of consideration. This objection is without foundation. The delivery to, and acceptance of the cargo by the defendant, being the consignee in the bill of lading, was a consideration abundantly sufficient to support the promise. This promise of the defendant having extended to the full amount of the freight, according to the charter party, renders it unnecessary to inquire whether the shipowner would have a lien upon this part of the cargo for the whole freight, or only for its proportion. Whatever might be the rule of law upon that subject, in the absence of Haggles r. Bucknor. any stipulation in relation to it, it is very evident in this case, that it was the understanding of all parties that the defendant was to pay the whole freight. This was according to the terms of the consignment to him in the bill of lading; and no other rule is given in the bill of lading by which to calculate the amount of freight upon this part of the cargo. But by the bill of lading for the residue of the cargo consigned to J. M. Ehrick, two cents per pound for the cotton is stipulated as the freight, and to be paid to the defendant, which was accordingly done as appears by the evidence in the case. All the c...