Luscomb v. Prince
Massachusetts Supreme Judicial Court
Assumpsit for money had and received to the use of Charles Still, the plaintiff’s intestate. The cause cáme before the Court upon an agreed statement of facts to the following effect. The said Charles Still, in August, 1812, entered as a quartermaster on board the private armed ship America, of Salem, duly commissioned by the President of the United States.
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Assumpsit for money had and received to the use of Charles Still, the plaintiff’s intestate. The cause cáme before the Court upon an agreed statement of facts to the following effect. The said Charles Still, in August, 1812, entered as a quartermaster on board the private armed ship America, of Salem, duly commissioned by the President of the United States. Certain written articles of agreement between the owners, officers, and company of said ship were then duly executed, the fourth of which articles provided, that, “ if any person shall be found causing disturbance or mutiny, or shall be…
1Opinion of the Court
Parker, C. J.,
delivered the opinion of the Court.† Upon the facts agreed in this case, the questions are, whether the [ *578 ] plaintiff is entitled to recover any thing on account of * the prize-money resulting from the cruise, in which the intestate served on board the America : and, if any thing, what proportion he is entitled to.
It is contended for the defendants, that he forfeited the whole, either by the laws of the United States, or by his agreement, which he signed when he entered on board the privateer. By one of those articles, it was provided, that, for such offence as appears to have…
2Cases cited3 opinions
- Hoyt v. WildfireNew York Supreme Court · 1808
- Ward v. AmesNew York Supreme Court · 1812
- Sullivan v. MorganNew York Supreme Court · 1814
3Cited by4 opinions
- Wilkes v. DinsmanSupreme Court of the United States · 1849
- New York Life Ins. v. LordCourt of Appeals for the Sixth Circuit · 1900
- Wilson v. BragdonMassachusetts Supreme Judicial Court · 1813
- Murray v. Oceanic & Oriental Steamship Co.Appellate Division of the Superior Court of California · 1932