Lewis v. Hancock
Massachusetts Supreme Judicial Court
This was a writ of scire facias, to have execution against the defendants, for the amount of a judgment recovered by the plaintiff against one Constant Benson, in an action wherein the defendants had been summoned as his trustees.
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This was a writ of scire facias, to have execution against the defendants, for the amount of a judgment recovered by the plaintiff against one Constant Benson, in an action wherein the defendants had been summoned as his trustees. The defendants came in upon the scire facias, and in their disclosure stated that, about the month of August, 1810, they severally received certain articles of merchandise, consigned to them respec lively from Charleston, S. C., on board the sloop Juno, said Benson master, the amount of the freight of which they respectively state; that payment of the said freight…
1Opinion of the CourtSewall, C. J.
The master of a vessel, in which goods are *74carried on freight, is, by the terms of the contract, as a bill of lading is usually expressed, and as the one in this case must be understood to have been expressed, entitled to demand and receive the freight money, or price at which the goods are to be carried and delivered. One remedy provided for him, by which he may enforce the terms of his contract, is the right of retaining the goods until the freight is paid. If he neglects to secure payment in this course, and part with the goods, and the freight money is afterwards lost, he acts at his own…
2Cases cited2 opinions
- Hodgson v. ButtsSupreme Court of the United States · 1805
- Lane v. PennimanMassachusetts Supreme Judicial Court · 1808
3Cited by16 opinions
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
- Ingersoll v. Van BokkelinNew York Supreme Court · 1827
- The LarchU.S. Circuit Court for the District of Maine · 1855
- Southern Express Co. v. CraftMississippi Supreme Court · 1873
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