Usher v. D'Wolfe
Massachusetts Supreme Judicial Court
This action, which was assumpsit for money had and received, was brought to recover the sums due from the defendants, as agents and owners of the privateer Yankee, on account of the shares of seven of the seamen on board the said privateer, on her third cruise.
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This action, which was assumpsit for money had and received, was brought to recover the sums due from the defendants, as agents and owners of the privateer Yankee, on account of the shares of seven of the seamen on board the said privateer, on her third cruise. It was admitted at the trial, which was had before the Chief Justice, at the last October term at Taunton, that the said cruise had been successful, and that there was money in the hands of the defendants, arising therefrom, sufficient to make each share of the value of $ 342. The plaintiff claimed title to certain portions of the…
1Opinion of the CourtParker, C. J.
The question reserved in this case is, whether the action can be maintained in the name of Usher, the assignee of the shares, which he purchased of several of the crew of the privateer. The general principle, that chases in action, however favorably the assignment of them is considered in equity, and although protected in law whenever it can be done consistently with le^al principles, are yet not so assignable as that they can be sued in the name of the assignee, remains yet undisturbed. So that the only question is, whether the shares thus transferred were, or were not, choses in action.
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2Cited by4 opinions
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