Paine v. Silva
Massachusetts Supreme Judicial Court
Contract, against one of two owners of the schooner Gertie Winsor, to recover for supplies furnished for a fishing voyage. After the former decision in this case, reported in 168 Mass. 432, it was tried again in the Superior Court, before Hammond, J., who allowed a bill of exceptions in substance as follows.
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Contract, against one of two owners of the schooner Gertie Winsor, to recover for supplies furnished for a fishing voyage. After the former decision in this case, reported in 168 Mass. 432, it was tried again in the Superior Court, before Hammond, J., who allowed a bill of exceptions in substance as follows. The vessel was sailed on what is called the Provincetown lay, by which the owners of the vessel furnish the vessel and its equipment, and from the gross proceeds of the fish caught the master receives a commission of two and one half to three per cent, after which the great generals are…
1Opinion of the CourtHolmes, J.
This bill of exceptions substantially repeats the case which was here after the former trial, but this time the defendant excepts. Paine v. Silva, 168 Mass. 432. The plaintiffs’ evidence was more explicit than before to conversations during the time covered by the bill, which showed that the defendant contemplated the continuous furnishing of goods to the vessel, and the charging of them to the owners, either directly or through a charge to great generals. The brief submitted for the defendant, after repeating the argument previously addressed to us, adds the suggestion that the master was…
2Cases cited1 opinion
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Adams v. AugustineMassachusetts Supreme Judicial Court · 1907
- Costa v. Gorton-Pew Vessels Co.Massachusetts Supreme Judicial Court · 1922