Willinks v. Hollingsworth - 19 U.S. 240 (1821)
U.S. Supreme Court
Willinks v. Hollingsworth, 19 U.S. 6 Wheat. 240 240 (1821)
Willinks v. Hollingsworth
19 U.S. (6 Wheat.) 240
ON CERTIFICATE OF DIVISION OF OPINION AMONG
THE JUDGES OF THE CIRCUIT COURT OF MARYLAND
H. and others, merchants in Baltimore, consigned a vessel and cargo to W. and others, merchants in Amsterdam, with instructions to them respecting her ulterior destination which showed that on the failure of getting a freight to Batavia or of selling the vessel at a price limited, she was to proceed to St. Petersburg and there take in a return cargo of Russian goods for the United States, but with instructions to the master committing to him the management of the ulterior voyage. No freight to Batavia could be obtained, and the vessel could not be sold for the price limited at Amsterdam, and W. and others purchased in Amsterdam, with the concurrence of the master, a return cargo of Russian goods, partly with the money of H. and others and partly with money advanced by themselves. On the return of the vessel to Baltimore, H. and others objected to the purchase of this cargo in Amsterdam as being contrary to express orders, and gave notice to W. and others of their determination to hold them responsible for all losses sustained in consequence of this breach of instructions, but received the goods and sold them. W. and others brought an assumpsit against H. and others to recover from them the moneys advanced. The declaration contained the three usual money counts.
Held: 1st, that the plaintiffs had a demand in law against the defendants which could be maintained in this form of action; 2d, that whether the plaintiffs could or could not be made responsible in any form of action which might be devised for the possible loss resulting from the breaking up of the intended voyage to St. Petersburg, the defendants were not entitled to a deduction from the plaintiffs' demand for the amount of such loss.