John W. Simonton, Plaintiff in Error v. Samuel Winter and Samuel G. Bowman Book Reviews

John W. Simonton, Plaintiff in Error v. Samuel Winter and Samuel G. Bowman by United States Supreme Court Book Summary

This case comes before the court upon a writ of error to the circuit court of the district of Columbia. The action is covenant, on a charter party dated the 15th of July 1820, by which the plaintiffs in the court below let and hired to the defendant the brig James Monroe, to proceed from Bath, in the state of Maine, to Havana, thence to Mobile, or elsewhere as the defendant might direct, for the term of twelve months from the 7th day of the said month of July; at and after the rate of four hundred and twenty-five dollars per month. And the plaintiffs covenanted on their part that the brig should be tight, stiff, staunch and strong, well victualled and manned at their expense, during that period (the dangers of the seas excepted). And the defendant, on his part, covenanted among other things to pay to the plaintiffs for the hire of the brig, four hundred and twenty five dollars each and every month during the said term, in manner following: to wit, six hundred dollars on the arrival of the brig at Havana; and then six hundred dollars from time to time, as often as the charter of the brig should amount to that sum; that is to say, when the said brig earns six hundred dollars, at the rate of the charter party; to be paid in Spanish dollars in the United States, or in good and approved bills. The declaration, after setting out the covenants covering performance on the part of the plaintiffs, &c. in the usual form, avers, that the brig was taken into service by the defendant on the said 7th of July 1820, and sailed on the 16th of the same month from Bath to Havana, where she arrived and continued under the control and in the employment of the defendant, under said charter party, till the 20th of January then next; when in the prosecution of a voyage, under the direction of the defendant, she was totally lost by the perils of the sea. That the brig at the time of her loss had earned the sum of two thousand seven hundred and thirty-four dollars, and seventeen cents, for her hire and affreightment from the 7th of July 1820 to the 20th of January 1821; which sum or any part thereof, the defendant had refused to pay in any of the modes stipulated in the charter party.

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