Reports of cases argued and determined in the Supreme court of Judicature and in the Court for Trial of Impeachments and the Correction of Errors in the State of New-York Volume 11

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1815 Excerpt: ...for the due payment of the proportion of the general average to be assessed on that part of the cargo, at Lisbon. Security was accordingly given, and as Albany, soon as the average vras adjusted and ascertained, the supercargo A2 Pa' over to tne captain the sum assessed as the proportion to Stkono be contributed to the general average, by the cargo on board. im.'insCo. The total value of the cargo on board, brought into the average at Lisbon, was estimated at 32,875 dollars. The invoice price of the same was 22,313 dollars and 49 cents. The value of the vessel was ascertained by a survey of her at Lisbon, after the damages occasioned by the accident had been repaired, deducting one third new for old, and was taken, accordingly, at 8,750 dollars. The half of the freight was estimated at 2,500 dollars, the total amount of freight on the whole cargo being 6,981 dollars and 33 cents. The rate of contribution, thus settled at Lisbon, was 10 dollars and 43 cents and 6 mills per cent. If the cargo had been valued at the invoice price, and the vessel and freight as at Lisbon, the rate of contribution would hav e been 13 dollars and 5 cents and 28 mills per cent. If the general average had been adjusted here, taking the contributory values, according to the rule of this court laid down in Leavenworth v. Delqfield, (1 Caincs' Rep. 573.) that is, the invoice price of the cargo, 4-5ths of the vessel and half of the freight, the rate of contribution would have been 14 dollars, 2 cents and 71 mills per cent. The point in controversy was, whether the defendants were liable to pay the whole amount of the proportion of general average, assessed on the cargo, according to the adjustment at Lisbon, or only according to the rule adopted in New-York: The defendants insisted tha...