Peltier v. Sewall
New York Supreme Court
This was an action of assumpsit, tried at the New-York circuit in March, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff was the shipper of the principal part of a cargo embarked on board a ship at New-York for Havre, and some additional freight being wanted to make out a full cargo, H. D. and E. B. Sewall, of whom the defendant is the survivor, were applied to by one Wood, the ship’s husband, in May, 1825, to make a shipment by the vessel.
Read the full summary
This was an action of assumpsit, tried at the New-York circuit in March, 1828, before the Hon. Ogden Edwards, one of the circuit judges. The plaintiff was the shipper of the principal part of a cargo embarked on board a ship at New-York for Havre, and some additional freight being wanted to make out a full cargo, H. D. and E. B. Sewall, of whom the defendant is the survivor, were applied to by one Wood, the ship’s husband, in May, 1825, to make a shipment by the vessel. The Messrs, Sewalls agreed to furnish sixteen bales of cotton, one half on their own account, provided Wood would procure an…
1Opinion of the Court
By the Court,
Marcy, J.
I am strongly inclined to think that the several persons concerned in this adventure, as respects each other at least, may be regarded as tenants in common, and the objection to sustaining the action arising from a supposed partnership is not well founded; but the first objection appears to me insurmountable. The agreement was special. The defendant was to furnish the cotton, and to be interested to the amount of one half, on condition that the pla:ntiff would advance the price for the whole, and when the returns of sales should be received from France, the defendant was…
2Cited by2 opinions
- Peltier v. SewallNew York Supreme Court · 1834
- Cunningham v. LittlefieldNew York Court of Chancery · 1831