Story v. Russell
Massachusetts Supreme Judicial Court
Bill in equity, filed March 16, 1891, against the defendant, as assignee of the estate of George E. Thurston of Gloucester, an insolvent debtor.
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Bill in equity, filed March 16, 1891, against the defendant, as assignee of the estate of George E. Thurston of Gloucester, an insolvent debtor. The bill alleged that Thurston duly mortgaged a fishing vessel to the plaintiff on May 4,1889, for $5,820; that in September, 1890, Thurston, being in possession of the vessel, sent her on a fishing voyage, from which she returned about December 16, 1890, with a fare of fish, which was sold by Thurston to David B. Smith and Company; that, soon after, the proceeds were attached in the hands of Smith and Company by creditors of Thurston; that about…
1Opinion of the CourtLathrop, J.
The principal question in this case is concerning the construction to be given to the U. S. Rev. Sts. *154§§ 4391-4394. These sections apply to the bank and other cod fisheries, and to the mackerel fishery. So far as the cod fisheries are concerned, their provisions have been in force since 1813. U. S. St. of June 19, 1813, c. 2; 3 U. S. Sts. at Large, 2. And they were extended to the mackerel fisheries by the U. S. St. of March 3, 1865, c. 117; 13 U. S. Sts. at Large, 535.
Section 4391 provides that the master shall make an agreement in writing with every fisherman who may be employed in such a…
2Cases cited4 opinions
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- In re LowDistrict Court, D. Massachusetts · 1873
- Hussey v. FieldsDistrict Court, D. Massachusetts · 1858
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