A Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature and the Court for the Correction of Errors of the State of New York; Together with the Repoted Cases of the Superior Court for the City and County of
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A Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature and the Court for the Correction of Errors of the State of New York; Together with the Repoted Cases of the Superior Court for the City and County of

A Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature and the Court for the Correction of Errors of the State of New York; Together with the Repoted Cases of the Superior Court for the City and County of


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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. 1845 edition. Excerpt: ... performed, that the fact of the additional voyage did not show the substitution of a new contract, and that therefore the owner was entitled to recover on the covenant in the charter party, he not claiming any thing for the additional voyage, in an action brought by him. Solomon v. Higgins, 6 Wt?n. 425. 90. The declarations of the supercargo accompanied by his acts, may be given in evidence as part of the res gestae, he being the agent of the defendant. S. C. 2 H. 482. 91. Where the defendant stipulated that his brig should perform the voyage from New York to Omoa and back for the plaintiff, but got injured in her voyage, and put into Norfolk as a port of necessity, was examined, sold, and the voyage broken up; it appearing that the voyage was not broken up by the mere perils of the sea, as alleged by the defendant, held, that the rule of damages to be adopted, was the difference between the prime cost of the cargo it New York, and the nett amount for which the goods were actually sold after the voyage was broken up, no notice being taken of the loss of the market at Omoa. Wheelwright v. Beers, 2 H. 391. 92. Special pleadings in an action of covenant on the charter party, demurrer, &c. S. C. 2 H. 382.391. 93. The defendants, (partners.) by an instrument under seal executed by one in the name of both, chartered the whole of a vessel (except the cabin) of the plaintiff, for a voyaee from New York to Augostura, and were to be allowed one passenger. Two passengers, however, were sent out in the vessel by the defendants; and in an action of covenant upon the charter party, held, that the instrument was well executed; but that the putting of the two passengers on board, was not such breach of the covenant, as would allow the plaintiff to receive...


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Product Details
  • ISBN-13: 9781130770940
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 392
  • Spine Width: 21 mm
  • Width: 189 mm
  • ISBN-10: 113077094X
  • Publisher Date: 01 Jun 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 699 gr


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A Practical Elementary Digest of the Reported Cases in the Supreme Court of Judicature and the Court for the Correction of Errors of the State of New York; Together with the Repoted Cases of the Superior Court for the City and County of
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