Backus v. Coyne

Marston, J.:

Defendant in error brought an action of assumpsit against plaintiffs in error, copartners, who were doing business under the firm name of Backus Bros., upon a general average claim, which had been assigned to him by John Stewart.

It is first objected that the doctrine of general average cannot be enforced in a court of common law, and Rossiter v. *7Chester, 1 Doug., 154, is relied upon. It was held in that ease that the great lakes of this country were not subject to admiralty jurisdiction. This was really the principal question in that case, and the court held,' as a necessary…