Martin v. Greene
Supreme Court of Missouri
APPEAL from Platte Circuit Court- 1. The motion to dismiss the bill was properly overruled. The appellant, Martin, as master of the steamboat, was the confidential agent of the owners.
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APPEAL from Platte Circuit Court- 1. The motion to dismiss the bill was properly overruled. The appellant, Martin, as master of the steamboat, was the confidential agent of the owners. (3 Kent’s Com., 161.) The appellee, Greene, being one of the owners of the boat, had a right to file a bill of discovery against Martin for an account of any property of his principal obtained by any improper means; and the court of chancery having jurisdiction for the discovery, will, to avoid multiplicity of writs, proceed to administer the proper relief. 1 Story’s Eq., 468-9, 470. Besides, the conduct of…
1Opinion of the CourtNapton, J.
This was a proceeding on the chancery side of the Circuit Court of Platte county. The bill represented that the complainant, on the 15th June, 1843, was the owner of two-fourteenths of the steamboat “ Edna,” and that one Frederick Marshall (whose interest he had purchased) owned one-fourteenth; that he was entitled, therefore, at that time, to three-fourteenths of the profits made by said boat, which amounted to $1750 78. That the defendant was master of said boat at that time, and had been several years previously, and as such, was well acquainted with' the condition of the boat and her…
2Cases cited2 opinions
- Attorney-General v. Utica InsuranceNew York Court of Chancery · 1817
- Livingston v. LivingstonNew York Court of Chancery · 1820
3Cited by3 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Oldham v. TrimbleSupreme Court of Missouri · 1851
- Fairbairn v. MiddlemissMichigan Supreme Court · 1882