Popleston v. Kitchen

U.S. Circuit Court for the District of Pennsylvania

Popleston v. Kitchen

19 F. Cas. 1048, 3 Wash. C. C. 138

CourtU.S. Circuit Court for the District of Pennsylvania

DecidedApril 15, 1812

StatusPublished

This text of 19 F. Cas. 1048 (Popleston v. Kitchen) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Popleston v. Kitchen, 19 F. Cas. 1048, 3 Wash. C. C. 138 (circtdpa 1812).

Pincite

Opinion

WASHINGTON, Circuit Justice,

stated, that the plaintiff was not bound to communicate the age of the vessel, or where built, unless-they had been asked of him. It is enough, if he is prepared to vindicate his implied warranty, as to the seaworthiness of the vessel, in case it be questioned. The court left it to the jury to say, whether, upon the evidence, she was seaworthy at the time the voyage commenced, there being very slight evidence, if any, to the contrary. Verdict for plaintiff.

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WASHINGTON, Circuit Justice,

stated, that the plaintiff was not bound to communicate the age of the vessel, or where built, unless-they had been asked of him. It is enough, if he is prepared to vindicate his implied warranty, as to the seaworthiness of the vessel, in case it be questioned. The court left it to the jury to say, whether, upon the evidence, she was seaworthy at the time the voyage commenced, there being very slight evidence, if any, to the contrary. Verdict for plaintiff.

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Bluebook (online)

19 F. Cas. 1048, 3 Wash. C. C. 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/popleston-v-kitchen-circtdpa-1812.