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2 Johns. Cas. 411

Judah v. Kemp

New York Supreme Court

Decided October 15, 1801

New York Supreme Court · decided 1801-10-15

This was an action of trover for goods shipped by one of the plaintiffs, residing in London, on board of the ship Factor, of which the defendant was master, for New York. The ship arrived at New York on the 22d of December, 1799, and on the next' day the consignee assigned the bill of lading to the plaintiffs, who are partners, some of whom reside in New York.

Cited by 2 later decisions — most recently October 1898

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1801-10-15

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Per Curiam.

¶1When the defendant refused to deliver the goods on the ground that his owners had ordered him not to deliver them, a tender of the freight was not necessary. The plaintiffs, however, did tender a sum of money for freight, though the amount does not appear ; but as the defendant did not make any demand of freight, nor object to the tender, it was sufficient. The goods were not detained by the defendant on the ground of his lien, but for a different reason, which amounted to a waiver of the tender.(a) His refusal, therefore, is evidence of a conversion, and the plaintiffs are entitled to judgment.(b)

¶2Judgment for the plaintiffs.

¶3(а) See note to Coit v. Houston, infra, vol. 3, p. 243.

¶4(b) The books are so full of cases confirmatory of this principle, that no references are needed. See, however, Archbold’s Nisi Prius, 457, 458. 3 Stephens’ N. P. 2682, et seq. 3 Harrison’s Dig. Am. ed. 1846, p. 6405, et seq. 5 id. 1702, et seq. 4 New York Digest (Clerke’s) ed. 1845, p. 1159. Minot’s Dig. 084, et seq. 3 United States Digest, 587, et seq. 2 Supplement to United States Dig. 878, et seq.

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