Backus v. Coyne
Michigan Supreme Court
Error to Superior Court of Detroit. Assumpsit for a claim of contribution under the doctrine of general average. The action was brought by Coyne, as assignee of the owner of the vessel. Backus had a lot of lumber on board, part of which had been thrown off to keep the vessel from foundering.
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Error to Superior Court of Detroit. Assumpsit for a claim of contribution under the doctrine of general average. The action was brought by Coyne, as assignee of the owner of the vessel. Backus had a lot of lumber on board, part of which had been thrown off to keep the vessel from foundering. A part of the remainder was afterward lightered off in order to save it, and various expenses were incurred for these purposes, and for towage, repairs and wages, and also for defending against a libel in the Admiralty for a portion of these same claims, on which judgment was recovered, and the vessel…
1Opinion of the CourtMarston, C. J.
Coyne as assignee brought assumpsit for contribution upon a general average1 claim. It appeared on the trial that immediately on the arrival of the vessel in Detroit, she was libelled in the United States court for the recovery of certain claims, and amongst them claims for towing the vessel from Port Huron, where she was aground, to Detroit, and the wages of the captain and crew. It also *586appeared that the vessel was sold under a decree of said court, that eighty per cent, of such claims were paid out of the proceeds, except wages which were paid in full, and that a portion of the proceeds…
2Cases cited2 opinions
- Davis v. EmersonSupreme Judicial Court of Maine · 1840
- Hugg v. Baltimore & Cuba Smelting & Mining Co.Court of Appeals of Maryland · 1872
3Cited by9 opinions
- Barton v. Farmers' State BankTexas Commission of Appeals · 1925
- Township of Canosia v. Township of Grand LakeSupreme Court of Minnesota · 1900
- United States Fidelity & Guaranty Co. v. NaylorCourt of Appeals for the Eighth Circuit · 1916
- Boutin v. EtsellWisconsin Supreme Court · 1901
- Ladd v. Chamber of CommerceOregon Supreme Court · 1900
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