Thibault v. Russell

Superior Court of Delaware

Thibault v. Russell

5 Del. 293

DecidedJuly 1, 1850

StatusPublished

This text of 5 Del. 293 (Thibault v. Russell) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thibault v. Russell, 5 Del. 293 (Del. Ct. App. 1850).

Pincite

Opinion

The Court

charged with the plaintiff; that if Thibault, or his agent, acting in good faith under the report of the surveyors, stripped and sold the wreck, instead of attempting to put her afloat again, he was protected by his contract, and Russel was bound to allow the expenses. That as to the freight none could be recovered, either general or average, as the coal was never delivered to the consigneee, or accepted by him at a port short of delivery. The freight was only due on the performance of the undertaking to deliver the coal at Boston. Verdict for plaintiff.

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The Court

charged with the plaintiff; that if Thibault, or his agent, acting in good faith under the report of the surveyors, stripped and sold the wreck, instead of attempting to put her afloat again, he was protected by his contract, and Russel was bound to allow the expenses. That as to the freight none could be recovered, either general or average, as the coal was never delivered to the consigneee, or accepted by him at a port short of delivery. The freight was only due on the performance of the undertaking to deliver the coal at Boston. Verdict for plaintiff.

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Bluebook (online)

5 Del. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thibault-v-russell-delsuperct-1850.