Determination unanimously affirmed, with costs to the respondents.
While the charge of the court to the jury was unnecessarily involved and possibly confusing, the errors were not excepted to, and did not amount to submitting the case to the jury on an erroneous theory. The determining issue of whether the captain of defendant's vessel led plaintiffs to believe that he was going to take the ship into Shanghai was presented as the ultimate issue. On a lesser showing...
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