Barney v. Coffin
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received, lent and accommodated, laid out and expended, and on an account annexed to the writ. The defendant owned one sixteenth part of the ship Vulture, of Nantucket, and was captain of her on a whaling voyage to the Pacific ocean. The ship sailed from Nantucket on the 11th of September, 1819, and returned on the 1st of December, 1822. Charles Barney, one of the plaintiffs, owned one sixteenth part of the ship.
Read the full summary
This was an action of assumpsit for money had and received, lent and accommodated, laid out and expended, and on an account annexed to the writ. The defendant owned one sixteenth part of the ship Vulture, of Nantucket, and was captain of her on a whaling voyage to the Pacific ocean. The ship sailed from Nantucket on the 11th of September, 1819, and returned on the 1st of December, 1822. Charles Barney, one of the plaintiffs, owned one sixteenth part of the ship. The several owners had the same proportional interest in the oil &c. procured, as in the ship. Six men, by the procurement of Peleg…
1Opinion of the Court
Parker C. J.
The first question necessary to be settled in this case is, whether the plaintiffs have shown any legal title to any j art of the proceeds of the oil belonging to the six seamen, so as to be able to maintain the action for the whole or such balance as may be found justly due to them.
The whole amount of the shares of the seamen was assigned for a valuable consideration, according to the custom of that trade, to Folger, which assignment was notified to the person acting as agent for the owners and assented to by him, and after-wards sufficiently ratified by the owners ; so that if…
2Cases cited3 opinions
- Mowry v. ToddMassachusetts Supreme Judicial Court · 1815
- Hassinger v. SolmsSupreme Court of Pennsylvania · 1818
- Packard v. LienowMassachusetts Supreme Judicial Court · 1815