Kimball v. Tucker
Massachusetts Supreme Judicial Court
As sump fit against the defendants, as owners of the brig Mary, for sundry bills of repairs paid by the plaintiff, at Liverpool, in England, in February and March, 1808. At the trial of the cause, which was had upon the general issue, at the last September term in this county, before Thatcher, J., the plaintiff read to the jury a charter party under his own hand and seal, and under the hands and seals of the defendants, Tucker and Purringion, who executed the same “ for…
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As sump fit against the defendants, as owners of the brig Mary, for sundry bills of repairs paid by the plaintiff, at Liverpool, in England, in February and March, 1808. At the trial of the cause, which was had upon the general issue, at the last September term in this county, before Thatcher, J., the plaintiff read to the jury a charter party under his own hand and seal, and under the hands and seals of the defendants, Tucker and Purringion, who executed the same “ for themselves and the other owners,” dated November 5, 1807, in which the said Tucker and Purringion covenanted that the…
1Opinion of the CourtSewall, J.
The question, more immediately presented by the exceptions filed in this cause, respects altogether the inquiry, whether one of the defendants is liable with the rest. The plaintiff complains that evidence applicable to this inquiry was rejected, and that the jury were directed to consider it as a fact proved in the case, that Actor Patten, Jun., had sold his part of the vessel before the execution of the charter party, and before the advancements made by the plaintiff, for the general account of the owners of the vessel chartered. And if this were the only question to be decided, we should…
2Cases cited2 opinions
- Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812
- Solomon v. HigginsNew York Supreme Court · 1831
3Cited by2 opinions
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Fenwick v. GrimesU.S. Circuit Court for the District of District of Columbia · 1839