HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0184 and id is 1 raw text is: § tAUNT. 394. JOHNSON V. GREAVES 1iii
adhered to the ribs, and the pericardium was an hundred fold thicker than in a state
of health. Evidence was given that the horse had been apparently in health and
high condition down to the time of the sale and delivery; and several veterinary
practitioners stated that the disorder was of so rapid a nature, that inflammation of
the lungs was sometimes known to begin, and proceed to mortification within the short
space of three days ; and that it was impossible that this complaint could have existed
at the time of the sale, for if it had, it would certainly have been manifested by a
thickness of breathing. The Plaintiff called a farrier, who imputed the sleekness and
facility with which the skin of the horse at the time of the sale moved over the
muscles, to the water of a dropsy on the chest having gotten between the external skin
and the flesh, and on his testimony, the jury, at the Guildhall sittings after last
Michaelmas term, before Mansfield C. J., found a verdict for the Plaintiff.
Vaughan Serjt. in Easter term obtained a rule nisi to set aside the verdict, and
Best Serjt. with him now endeavoured to support it; he said the evidence was doubt-
ful, and the jury, who were the proper judges of that doubt, had decided it.
But The Court were clear that the Plaintiff ought to have been nonsuited at the
trial. On the warranty of a horse, it is not sufficient for the Plaintiff to give such
evi-[344]-dence as to induce a suspicion that the horse was unsound : if he only throws
the soundness into doubt, he is not entitled to recover: the Plaintiff must positively
prove that the horse was unsound at the time of the sale.
Rule absolute.
JOHNSON V. GREAVES. May 21, 1810.
Those ports of St. Domingo which are under the dominion of Christophe and the
negroes engaged in hostility with France, are neutral ports; and no licence is
necessary to legalize a trade with them.-If a vessel be chartered to any ports of
an island, part of which is hostile, and part neutral, and the freighter covenants to
procure a licence ; if the ship trades to a neutral port of the island, it is no breach
of the covenant that the freighter has procured a licence which would not authorize
the like trade to an hostile port.-The master of a ship detained as prize, and
libelled in the Prize Court at Jamaica, gave bills of lading of the cargo to one who
became bail for the ship and cargo there : held that the master had no authority to
contract that the cargo should be sold in London, and the proceeds remitted back
to Jamaica, the owners being ready to give a sufficient security to indemnify the
bail in London.
This was an action of covenant upon a charter-party. The declaration stated in
substance, that the plaintiff covenanted, that the master of his vessel, the Ben Lomond,
should receive on board, freight-free, a cargo at Portsmouth, and proceed to any port
or ports in the island of St. Domingo, and'that on her arrival there, after delivery of
her cargo to the agents of the freighters, she should take on board a full and complete
cargo of coffee, cotton, indigo, and other lawful goods, and proceed to London, and
there make a right and true delivery of the cargo unto the freighters, their executors,
administrators, or assigns, agreeably to bills of lading. And it was agreed, that 65
running days should be allowed for loading at Portsmouth, and for unloading again at
St. Domingo. In consideration whereof, the Defendants covenanted, that they would
at their own costs undertake to procure a licence for the said ship, and would not only
put on board a cargo at Portsmouth for St. Domingo, and, on the ship's [345] arrival
at St. Domingo, put on board a full cargo of produce for London, at or within the
running days, and days of demurrage therein mentioned, but also would pay the
Plaintiff freight for the cargo at the rates therein mentioned, together with five per
cent. to the captain on the amount of the freight, in lieu of primage, pierage, and
port-charges : 4001. on account of the freight to be paid immediately, and the remainder
at the end of two months after the ship's arrival at London, and having reported at
the custom-house, and upon a right and true delivery of her cargo. And it was
provided, that the Defendants might detain the vessel on demurrage 20 days in the
whole, above the 65 running days before mentioned, at the rate of eight guineas a day.
The Plaintiff then averred, that he took on board a cargo at Portsmouth, and pro-
ceeded to St. Domingo, and after delivering the outward cargo, received there from
the Defendant's agents such cargo of coffee, cotton, &c. as they thought fit to send on](ViewImageLocal?handle=hein.slavery/ssactsengr0184&div=1&collection=&method=preview&ext=.png&size=3)