Paine v. Silva
Massachusetts Supreme Judicial Court
Contract, against one of two owners of the schooner Gertie Winsor, to recover for necessary supplies, mainly rigging and fishing gear, furnished for a fishing voyage. Trial in the Superior Court, before IAlley, J., who directed a verdict for the defendant ; and the plaintiffs alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtHolmes, J.
The defendant was one of two owners, but the non-joinder of the other is not pleaded in abatement, and is not relied on. Wilson v. Nevers, 20 Pick. 20. Edler v. Thompson, 13 Gray, 91. It is suggested that the suit ought to be brought in equity, but of course the rule laid down in cases like Smith v. Butler, 164 Mass. 37, as to proceedings between part owners, has no application to a suit by a stranger to the vessel upon an independent contract.
The only question open to argument is whether the defendant was a party to the contract. As to a portion of the account, the defendant personally…
2Cases cited3 opinions
- Rich v. JordanMassachusetts Supreme Judicial Court · 1895
- Smith v. ButlerMassachusetts Supreme Judicial Court · 1895
- Swift v. HallMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Cape Shore Fish Co., Inc. v. The United StatesUnited States Court of Claims · 1964
- Adams v. AugustineMassachusetts Supreme Judicial Court · 1907
- Costa v. Gorton-Pew Vessels Co.Massachusetts Supreme Judicial Court · 1922
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1898
- Furnari v. ChianciolaMassachusetts District Court · 1949