Swift v. Hall
Massachusetts Supreme Judicial Court
Contract, against John W. Hall and Joseph S. Hubbard, as owners of the schooner J. E. Comegys, on an account annexed, for materials and supplies furnished and services rendered to said schooner. Hubbard was defaulted. Trial in the Superior Court, before WilMnson, J., without a jury, who allowed a bill of exceptions, in substance as follows: The defendant Hall owned fifteen sixteenths of the schooner and Hubbard the other sixteenth.
Read the full summary
Contract, against John W. Hall and Joseph S. Hubbard, as owners of the schooner J. E. Comegys, on an account annexed, for materials and supplies furnished and services rendered to said schooner. Hubbard was defaulted. Trial in the Superior Court, before WilMnson, J., without a jury, who allowed a bill of exceptions, in substance as follows: The defendant Hall owned fifteen sixteenths of the schooner and Hubbard the other sixteenth. In 1873, the schooner grounded upon a bar at Mosquito Inlet, Florida, and the materials and supplies were furnished and services rendered in getting her off…
1Opinion of the CourtGray, C. J.
The only difficulty in this case arises from the way in which the bill of exceptions states the terms of the agreement between Hubbard, the master and the owner of one sixteenth of the vessel, and Hall, the other part-owner. It clearly appears that Hubbard was to have the vessel for an indefinite period and to employ her as he chose, and was to victual and man her and to pay the port charges, and that the net earnings were to be equally divided between himself and Hall. The charter being oral, Hall’s testimony was competent to prove its terms, and to show that necessary repairs of the vessel,…
2Cases cited1 opinion
- Reynolds v. ToppanMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1897