Nicoll v. Mumford
New York Court of Chancery
IN 1815 and 1816, the defendant, Gurdon S. Munford, and Samuel Stillwell, were joint owners of the brig Phoenix, and her cargo, on a trading voyage to the Mediterranean, &c.
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IN 1815 and 1816, the defendant, Gurdon S. Munford, and Samuel Stillwell, were joint owners of the brig Phoenix, and her cargo, on a trading voyage to the Mediterranean, &c. After disposing of her outward cargo, which was shipped in the joint names of Mumford and Stillwell, and taking in another, the Phoenix went to the coast of Brazil, sold her cargo, and took in another, and arrived at the Havanna, where the captain invested the proceeds arising from the sale of the brig, and of the last cargo, in sugar and coffee. S. having become insolvent, the defendant, who had heard of the arrival of…
1Opinion of the Court
The Chancellor.
The question, in this case, is, upon what principles the account between the parties shall be directed to be taken.
Stillwell and the defendant were equally concerned in the brig Phoenix and her cargo, and in the profit and loss of the voyage. There can be no doubt that the account is to be taken, as between partners, in respect to the freight and cargo; and the only difficulty is, as to ihe vessel. As far as the defendant and S. were to be considered partners, so far the defendant is to be deemed as having a lien on the partnership property, in respect to the balance that shall…
2Cases cited1 opinion
- Brown v. MinturnU.S. Circuit Court for the District of Rhode Island · 1815
3Cited by33 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Baldwin v. Peet, Sims & Co.Texas Supreme Court · 1859
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
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