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14 F. Cas. 926

Ladd v. Wilson

U.S. District Court

Decided March 15, 1806

U.S. District Court · decided 1806-03-15

Covenant, on a charter-party, for non-payment of demurrage. The plaintiff agreed to allow twenty working lay days for the loading at Alexandria. The cargo was to be wheat.

Decided 1806-03-15

THE COURT

¶1said there was no doubt as to the construction of the instrument, which must speak for itself. It cannot be varied by any such usage if proved. If it is matter of law the court are to decide it. If matter of fact it cannot be admitted to explain an instrument in itself not ambiguous.

¶2[Upon the trial a verdict was rendered for the plaintiff, and a new trial being asked for. on the ground of a miscalculation of damages by the jury, it was refused. Case No. 7,977.]

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