Legal Opinion

Southworth v. Smith

Supreme Court of Connecticut

Decided September 15, 1858PublishedCited by 11 opinions

Bill in equity, brought by part owners of a vessel against the other part owners for an injunction, the possession of the vessel, and an account. The suit was brought originally to the city court of the city of Hartford.

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Bill in equity, brought by part owners of a vessel against the other part owners for an injunction, the possession of the vessel, and an account. The suit was brought originally to the city court of the city of Hartford. The bill alleged that the petitioners were the owners of nine-sixteenth parts of the schooner A. C. Douglas, a schooner belonging to the port of Hartford; that the respondents were the owners of seven-sixteenth parts of the same; that the petitioners, as such major owners, were entitled to the possession and control of said schooner; and that at and within said city of…

1Opinion of the CourtStorrs, C. J.

We are of the opinion that the bill in this case is insufficient. It is brought by a major part of the owners of a vessel against the other part owners who are in the possession of it, and prays, first, for an account from the defendants, and secondly, that they may be compelled, by injunction, to deliver the vessel specifically to the plaintiffs.

In regard to the claim for an account, there is no doubt that if there were a matter of account between these parties growing out of the use, by any of them, of the vessel owned *358by them jointly, and of which they are tenants in common, as if one of…

2Cited by11 opinions

  1. Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1903
  2. Pickering v. MooreSupreme Court of New Hampshire · 1893
  3. Blodgett v. Union & New Haven Trust Co.Supreme Court of Connecticut · 1930
  4. Wiegardt v. BeckenWashington Supreme Court · 1941
  5. Marx v. MarxSupreme Court of Alabama · 1933

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