Hagar v. Donaldson

Citations

• 154 Pa. 242
• 29 W.N.C. 571
• 25 A. 824
• 1893 Pa. LEXIS 875

Syllabus

<p>Ships and shipping — Ship broker — Commissions.</p> <p>Pleading — Practice—Plaintiff’s statement — Setting aside verdict.</p> <p>A verdict, after a fair trial, will not be interfered with because of any technical want of accuracy in the manner of stating the claim.</p> <p>Plaintiffs, ship brokers, sued for a sum equal to the difference between what defendants agreed to pay the vessel owners in the charter party, and what defendants had agreed to pay plaintiffs. This difference represented their commission as ship brokers, and was so understood by defendants. Held, that the claim was sufficiently stated, although it would have been more accurate to have claimed the difference specifically as commissions.</p> <p>Freight — Loss of ship and goods.</p> <p>Ereight is the price to be paid for the actual transportation of goods by sea from one place to another. The delivery of the goods at the place of destination, according to the charter party, is a condition precedent to entitle the owner to freight. Hence if any accident befall the ship so that the goods are never delivered no freight is demandable. Per Thayer, P. J.</p>