Legal Opinion

Swain v. Knapp

Supreme Court of Minnesota

Decided November 25, 1884PublishedCited by 7 opinions

This action was brought in the district court for Washington county, for an accounting of the earnings of the steamboat Jennie ITayes, and for a sale of the boat and division of the proceeds. It was admitted by the pleadings that the plaintiff is the owner of an undivided one-third, and the defendant is the owner of the other two-thirds.

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This action was brought in the district court for Washington county, for an accounting of the earnings of the steamboat Jennie ITayes, and for a sale of the boat and division of the proceeds. It was admitted by the pleadings that the plaintiff is the owner of an undivided one-third, and the defendant is the owner of the other two-thirds. Upon motion of the plaintiff, upon the pleadings and an affidavit showing that the steamboat was in need of extensive repairs, and was not doing a remunerative business, and could not be operated profitably; that there was great risk of the destruction of the…

1Opinion of the CourtBerry, J.

From the pleadings in this case it appears that the plaintiff owns one-third and defendant two-thirds of the Jennie Hayes, a steamboat registered at the port of St. Paul, and plying upon the St. Croix and Mississippi rivers; that defendant has for some years been running the boat for himself and plaintiff; that there is a difference between them as to the state of the accounts of her earnings and expenses; that plaintiff is dissatisfied with defendant’s management of the boat and its business, and apprehensive of loss from its continuance; that he desires an accounting between them in respect…

2Cases cited5 opinions

  1. The Moses TaylorSupreme Court of the United States · 1867
  2. The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
  3. Judd v. DikeSupreme Court of Minnesota · 1883
  4. The LarchDistrict Court, D. Maine · 1855
  5. Tunno v. BetsinaDistrict Court, D. South Carolina · 1857

3Cited by7 opinions

  1. Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
  2. Robinson v. DickeyIndiana Supreme Court · 1896
  3. Cline v. PriceWashington Supreme Court · 1951
  4. Fischer v. CareyCalifornia Supreme Court · 1916
  5. Reynolds v. NielsonWisconsin Supreme Court · 1903

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