Legal Opinion

Hussey v. Allen

Massachusetts Supreme Judicial Court

Decided November 15, 1809PublishedCited by 10 opinions

This was an action of assumpsit for sundry supplies furnished by the plaintiff for the sloop Betsy Ann, Andrew Coleman, master, alleged by the plaintiff to be the property of the defendants.

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This was an action of assumpsit for sundry supplies furnished by the plaintiff for the sloop Betsy Ann, Andrew Coleman, master, alleged by the plaintiff to be the property of the defendants. The parties, by a rule of this Court, agreed that certain arbitrators named should ascertain and report the facts in the case, upon which, if the Court should be of opinion that, the plaintiff was entitled to recover in the action, judgment should be rendered for him accordingly ; otherwise he was to become nonsuit. The facts reported by the arbitrators were, that the sloop sailed from Edgarton, in Dukes…

1Opinion of the CourtParsons, C. J.

The action is sued by the plaintiff against the defendants, to recover of them compensation for supplies furnished by him to Andrew Coleman, master of the defendants’ sloop Betsy Ann, when on a voyage. The plaintiff’s right to recover must depend on the law, arising from the facts stated by arbitrators appointed by the parties, and which are submitted to us.

* From these facts a general question arises, whether, [ * 16o ] if necessary supplies are furnished to a vessel abroad on a voyage, after the owners of her, when she sailed, have legally and bond fide sold all their interest in her, but…

2Cited by10 opinions

  1. Everett v. United StatesCourt of Appeals for the Ninth Circuit · 1922
  2. James v. BixbyMassachusetts Supreme Judicial Court · 1814
  3. Everett v. United StatesDistrict Court, W.D. Washington · 1921
  4. Starr v. KnoxSupreme Court of Connecticut · 1817
  5. Bronde v. HavenDistrict Court, E.D. Pennsylvania · 1836

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