Peters v. Davis
Massachusetts Supreme Judicial Court
Case for money had and received by the defendant, for the use of the plaintiff, in his capacity of administrator of-Davenport. A trial was had upon the general issue, before Parker, J., at the last November term in this county, and a verdict taken for the plaintiff, subject to the opinion of the Court upon the following facts, reported by the judge who sat in the trial. In 1798, a voyage was undertaken by the defendant and the house of Rawson &f Davenport.
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Case for money had and received by the defendant, for the use of the plaintiff, in his capacity of administrator of-Davenport. A trial was had upon the general issue, before Parker, J., at the last November term in this county, and a verdict taken for the plaintiff, subject to the opinion of the Court upon the following facts, reported by the judge who sat in the trial. In 1798, a voyage was undertaken by the defendant and the house of Rawson &f Davenport. The vessel, and one half of the cargo, belonged to the defendant, and the other half of the cargo belonged to Rawson Davenport. The cargo…
1Opinion of the Court
By the Court,
(ahsente Parsons, C. J.) We are all of opinion that the plaintiff cannot maintain this action. Here was no such severance of the joint demand of Rawson &f Davenport, as subjects the defendant to two actions for one cause. The whole adjustment of the affairs of the copartnership was between the plaintiff and Rawson: the defendant knew nothing of it, and if he had known it, he was not bound by it. The verdict must be set aside, and the plaintiff must be called.
Plaintiff nonsuit.
2Cited by10 opinions
- Egberts v. WoodNew York Court of Chancery · 1831
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Murray v. MumfordNew York Supreme Court · 1826
- Austin v. WalshMassachusetts Supreme Judicial Court · 1807
- Daby v. . EricssonNew York Court of Appeals · 1871
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