Adams v. Augustine
Massachusetts Supreme Judicial Court
Contract for the price of certain supplies and provisions furnished to the defendant, in which certain fish dealers were summoned as trustees, and the Atlantic Maritime Company, a corporation organized under the laws of the State of Maine, appeared as claimant. Writ in the Municipal Court of the City of Boston dated October 17, 1905. In the Superior Court the case was tried before Hitchcock, J., without a jury.
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Contract for the price of certain supplies and provisions furnished to the defendant, in which certain fish dealers were summoned as trustees, and the Atlantic Maritime Company, a corporation organized under the laws of the State of Maine, appeared as claimant. Writ in the Municipal Court of the City of Boston dated October 17, 1905. In the Superior Court the case was tried before Hitchcock, J., without a jury. The defendant was captain of the fishing schooner Georgiana, and while captain of that schooner sold a part of a certain catch of fish to the fish dealers summoned as trustees. The…
1Opinion of the CourtBraley, J.
The funds in the possession of the trustees are a part of the proceeds of a fishing catch, and the whole argument of the claimant corporation is, that under' the Provincetown lay the defendant, who was the captain, acted not as an owner of the schooner for the time being, but as its servant during the voyage. By whatever general term it may be designated, the contract between the claimant and the defendant not having been reduced to writing must be gathered from the evidence given by the fleet captain, and the vice-president of the company. Thompson v. Hamilton, 12 Pick. 425, 428. In…
2Cases cited5 opinions
- Thomas v. OsbornSupreme Court of the United States · 1856
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Fox v. HoltDistrict Court, D. Connecticut · 1870
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1897
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1898
3Cited by7 opinions
- Commonwealth v. McHughMassachusetts Supreme Judicial Court · 1950
- Cape Shore Fish Co., Inc. v. The United StatesUnited States Court of Claims · 1964
- Cromwell v. SlaneyCourt of Appeals for the First Circuit · 1933
- Cambra v. SantosMassachusetts Supreme Judicial Court · 1919
- Costa v. Gorton-Pew Vessels Co.Massachusetts Supreme Judicial Court · 1922
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