Bixby v. Adams

Decided January 15, 1810

Supreme Court of South Carolina · decided 1810-01-15

Covenant, tried before Gkimke, J. in Charleston district. Verdict for the defendant. The motion for a new trial was argued the 8th and 9th of January, 1810, before all the judges except Gkimke, J., absent sick; by Cheves, and Pringle, for the plaintiff; and by Drayton, Pak-kek, and Simons, for the defendant. The following questions were debated : 1. Whether insurance be included in sailing expences ?

Decided 1810-01-15

¶1January 13,1810.

Waties, J.,

¶2delivered the unanimous opinion of the court, upon the grounds insisted on for the plaintiff* Freight, however, the plaintiff is not entitled to, as, upon the elec, tion of the defendant to take the ship as real owner, and pay, &c., as owner, he was exonerated from the payment of freight, which was to be paid to the plaintiff in the contemplated event of recon. veying the ship to him. In that case, he would have been regarded as owner from the beginning, and the defendant would not have been liable for the payment of the premium of insurance.

¶3New trial granted.