1 N.C. 474
Supreme Court of North Carolina
Decided April 15, 1814
Supreme Court of North Carolina · decided 1814-04-15
This was an action of covenant, brought by the owner of the brig Susanna upon a charter party of affreightment, which after stating at full length and in the usual form, the freighting of the brig to the defendant for a voyage from Wilmington to Jamaica, and the delivery of the cargo there according to the bill of lading, proceeds thus: “Joshua Potts, hereby obligates himself, on delivery of said freighted cargo to his consignees at Kingston, and for and in consideration of…
Decided 1814-04-15
¶1delivered the opinion of the Court.
¶2We are all of opinion, that the plaintiff can maintain no action upon the charter party to recover the freight, without averring in his declaration, and proving on the trial, that he had carried the goods according to the terms of the covenant. And that, therefore, the rule for a new trial be discharged.