Masters v. Barreda

THIS case was brought up, by writ of error, from the circuit court of the United States for the eastern district of Virginia.

The facts of the case are stated in the opinion of the court.

Upon the trial in the circuit court, the counsel for the plaintiffs (the Barredas) and defendants offered several prayers to the court as instructions to the jury, which the court declined to grant, and instructed the jury as follows:--

'1. Under the contract made by the letters of the 9th, 10th, and 11th of March, the amount for the cargo of The Lucy Elizabeth, and for which notes had been given, must be taken into the calculation, and charged against the defendants, in determining whether the balance against them amounted to $40,000.

'2. If, in this mode of computation, the balance against the defendants for guano previously sold and delivered amounted to $40,000 at the time when the further delivery of the cargoes of The Beatrice and The Ailsa was refused by the plaintiffs, the refusal was justifiable under the contract. They were not bound, in such a state of the account, to deliver these cargoes on credit. And, if they offered to deliver them on the payment of the money or satisfactory security, and the defendants refused to comply with these terms, the plaintiffs had a right to stop the delivery, notwithstanding the previous indorsement and delivery of the bill of lading to the defendants; and the refusal as stated in the testimony is no breach of contract on the part of the plaintiffs, and is not a bar to the recovery in this action of the amount due for the guano actually received by the defendants.'

To which instructions the counsel for the defendants excepted and the jury found a verdict for the plaintiffs for $74,636.13, with interest from 12th of September, 1854, till paid.

The case was argued in this court by Mr. Johnson, for the plaintiffs in error, and by Mr. Carlisle and Mr. Bradley, with whom was Mr. F. L. Smith, for defendants.

Mr. Justice WAYNE delivered the opinion of the court.