Burnham v. Winsor
District Court, D. Massachusetts
In bankruptcy. The petition, in this case, sets forth the following facts: The petitioner, [Burnham], who resides in Matanzas, in Cuba, in the month of October last, pursuant to previous authority, shipped to [P. & W. H. McLellan] the bankrupts, merchants of Boston, one hundred and fifty boxes of sugar, on joint account of himself and them.
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In bankruptcy. The petition, in this case, sets forth the following facts: The petitioner, [Burnham], who resides in Matanzas, in Cuba, in the month of October last, pursuant to previous authority, shipped to [P. & W. H. McLellan] the bankrupts, merchants of Boston, one hundred and fifty boxes of sugar, on joint account of himself and them. The whole cost of the sugars was about $2,500.00, towards the payment for which Burnham applied about $483.00, funds belonging to the McLellans then in his hands, and the residue he purchased with his own means. The sugars were shipped in a vessel of which…
1Opinion of the Court
SPRAGUE, District Judge,
sustained the positions of the counsel for the petitioner, remarking that he acquiesced in the decisions of Northey v. Field, and Nix v. Olive, above cited, which, although made at nisi prius, were made by able judges, and assented to by distinguished counsel, and cited with approbation by Lord Tenterden, in his Treatise on Shipping. He ordered a decree to be entered, that the sugars should be restored to Burnham, or his agent, upon his refunding the $4S3.00, giving up the draft for $1.700.00 to the assignee, and paying him the freight and charges.
2Cited by3 opinions
- Hynson v. BurtonSupreme Court of Arkansas · 1844
- In re Talbot & PoggiDistrict Court, S.D. New York · 1911
- Fraschieris v. HenriquesNew York Court of Common Pleas · 1868