Hale v. Hale
Supreme Court of Connecticut
WRIT of error. This was an action of account, brought by Elisha Hale aeainst Jehiel Hale. 0 The declaration stated, that in September, 1800, the plaintiff and defendant began to build a certain ship, called the Columbia, as partners, it having been agreed, by them, that each should pay or contribute an equal moiety of the expense of the ship, and that each should receive an equal moiety of the avails.
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WRIT of error. This was an action of account, brought by Elisha Hale aeainst Jehiel Hale. 0 The declaration stated, that in September, 1800, the plaintiff and defendant began to build a certain ship, called the Columbia, as partners, it having been agreed, by them, that each should pay or contribute an equal moiety of the expense of the ship, and that each should receive an equal moiety of the avails. She was finished in November, 1801; and the plaintiff paid more than his proportion of the expense, viz. two thousand dollars. In the course of the same month, after receiving a cargo on board,…
1Opinion of the Court
By the Court.
The demand is, that the defendant render his account for the time the parties were concerned, as copartners, or joint owners, of the ship. And it is conceded, that they were joint owners from the time she was built until she was sold at Cadiz; but it is contended, that there are not sufficient averments in *383the declaration, of their being' jointly concerned in all the voyages she made while they continued owners.
“It is averred, “ that it was agreed, by and between the plaintiff and defendant, that each should pay and contribute an equal moiety of the expense of the ship, and…
2Cited by1 opinion
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