| Charles Abbott (Baron Tenterden) - 1810 - 674 páginas
...general principle undoubtedly is, that freight is a compensation for the carriage of goods, and if paid in advance and the goods be not carried, by reason of any event not imputable to the shipper, it then forms the ordinary case of money paid upon a consideration which happens to fail. But that if... | |
| Joshua Montefiore - 1830 - 528 páginas
...R. 203, 207. If freight be paid in advance for goods to be transported and delivered, and the goods not carried by reason. of any event not imputable to the shipper, the advance must be refunded, but if the contract be for the loading of the goods on board, the freight... | |
| Jacob D. Wheeler - 1835 - 620 páginas
...Per Cur. Parker, CJ Freight is the compensation for the Definition carriage of goods, and if it be paid in advance, and the goods be not carried by reason of any event not iraputable to the shipper, it may be recovered back. The marine has adopted the principle of the common... | |
| Henry Flanders - 1853 - 584 páginas
...English and American Courts, is clearly this, that if freight is paid in advance, and the goods are not carried by reason of any event not imputable to...unless there be a special agreement to the contrary. 522. Chancellor Kent (then Chief Justice), in the case of Watson v. Duykinck,3 thoroughly examined... | |
| Benjamin Vaughan Abbott, United States. District Court (New York : Southern District) - 1857 - 656 páginas
...like kind and quantity at the port of delivery. Watkinson v. Laughton, 8 Johns. 213. V. If freight be paid in advance, and the goods be not carried by reason of any event not imputable to the shipper, it may be recovered back. Watson v. Duykinck, 3 Johns. 355. VI. In an action for the non-delivery of goods,... | |
| William Johnson - 1860 - 516 páginas
...general principle undoubtedly is, that freight is a compensation for the carriage of goods, and if paid in advance, and the goods be not carried, by...reason of any event not imputable to the shipper, it then forms the ordinary case of money paid upon a consideration which happens to fail. The general... | |
| Massachusetts. Supreme Judicial Court - 1866 - 1222 páginas
...on the continent of Europe, that freight is the compensation for the carriage of goods, and if it be paid in advance, and the goods be not carried by reason of any event not imputable to the shipper, it w to be repaid, unless there be a special agreement to the contrary.1 The commercial principle recognised... | |
| 1871 - 530 páginas
...this country, that If the freight la paid in advance, and the goods are not carried by reason of an event not Imputable to the shipper, It Is to be repaid,...unless there be a special agreement to the contrary- Some of the later EngUsh cases seem to recognize the right to recover It back, and others not. Ib.... | |
| Charles W. Langdon - 1870 - 858 páginas
...previously advanced. Reina vs. Cross, 6 Cal. 31. Freight is a compensation for the carriage of goods, and if paid in advance, and the goods be not carried by reason of any event not imputable to the shipper, it then forms the ordinary case of money paid upon a consideration which happens to fail, and is to be... | |
| Florida. Supreme Court - 1887 - 738 páginas
...may have existed in England upon that subject, the doctrine in this country is that "if freight is paid in advance, and the goods be not carried by reason...unless there be a special agreement to the contrary." 3 Pick., 20; ir Mar., 360;3 Kent's Com., 227; 3 Sumner, 66. We have no doubt of the owner's insurable... | |
| |