The Marengo
District Court, D. Massachusetts
In the year 1859, the libellant brought his libel in this court, and therein alleged that the respondents were owners of three fourth parts of the ship Marengo, and were about to send her to sea on a whaling voyage, against the remonstrance of the libellant, who owned the remaining one-fourth part; and he prayed that his share might be appraised, and stipulation be taken in this court for its safe return: all which was done.
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In the year 1859, the libellant brought his libel in this court, and therein alleged that the respondents were owners of three fourth parts of the ship Marengo, and were about to send her to sea on a whaling voyage, against the remonstrance of the libellant, who owned the remaining one-fourth part; and he prayed that his share might be appraised, and stipulation be taken in this court for its safe return: all which was done. At his request, his share of the outfits remaining on board the vessel from her former voyage was not included in the appraisement nor in the stipulation. The Marengo…
1Opinion of the Court
LOWELL, District Judge.
IShe libellant contends that the law has taken his property,* or required it to be taken for the benefit of the respondents. It would be more strictly accurate to say, that the law allowed the respondents to use their own property, or to dictate the use of the common property. The libellant’s property happened to be, from its own nature, inseparable from theirs; but it may have been as great a hardship for them to be obliged to use it, involving, as such use must, an outlay and risk beyond their proper proportion, as it was for the libel-lant to have the vessel go upon…
2Cited by6 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Scull v. RaymondDistrict Court, S.D. New York · 1883
- H. E. WillardU.S. Circuit Court for the District of Maine · 1892
- Lyman v. The H. E. WillardDistrict Court, D. Maine · 1891
- Coyne v. CaplesDistrict Court, D. Oregon · 1881
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