Weston v. Penniman
U.S. Circuit Court for the District of Massachusetts
Assumpsit. 1st. For money had and received. 2dly. On an order dated on the 8th of September, 1814; drawn by Silas Penni-man, payable to Amos Penniman, or order, and accepted by the defendant on the 8th day of September, 1815. and endorsed to the plaintiff [Asahel Weston]. Plea the general issue.
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Assumpsit. 1st. For money had and received. 2dly. On an order dated on the 8th of September, 1814; drawn by Silas Penni-man, payable to Amos Penniman, or order, and accepted by the defendant on the 8th day of September, 1815. and endorsed to the plaintiff [Asahel Weston]. Plea the general issue. The order produced on the trial, was as follows: “Boston, September 8th, 1814. Mr. James Penniman, Sir, — Please to pay Amos Penni-man, or order, all the net proceeds, which you may realize on a certain note of hand, signed by me, of this date, payable to you, for five thousand five hundred dollars,…
1Opinion of the CourtStory, Circuit Justice
(after summing up the facts). There are some questions of law in this cause, upon which it is my duty to give an explicit instruction. The first is, whether the legal title to a ship can, since the registry acts of the United States, be transferred, without complying with the forms prescribed in those acts. Acts Dec. 31, 1792, c. 1 [1 Stat. 287], and Feb. 18, 1793, c. 8 [Id. 305]. Upon this question the right of the defendant to set oft or deduct his own demands for expenses and disbursements from the proceeds in his hands, materially depends. And I am of opinion, that the registry acts have…
2Cited by16 opinions
- The AmelieSupreme Court of the United States · 1868
- Braga v. BragaMassachusetts Supreme Judicial Court · 1943
- Smith v. FerrisNew York Court of Common Pleas · 1860
- Parker Mills v. JacotThe Superior Court of New York City · 1861
- Scola v. ScolaMassachusetts Supreme Judicial Court · 1945
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