Blake v. Patten
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Pekham J. presiding. The action was for money had and received. The schooner Warwick, of which the defendants were owners, and the plaintiff one of the crew, fell in with the wreck of a vessel, having no person on board but the mate, and took from it and put on board the Warwick a quantity of goods, and landed them in safety.
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Exceptions from the Court of Common Pleas, Pekham J. presiding. The action was for money had and received. The schooner Warwick, of which the defendants were owners, and the plaintiff one of the crew, fell in with the wreck of a vessel, having no person on board but the mate, and took from it and put on board the Warwick a quantity of goods, and landed them in safety. The defendants received of tho owners of tho cargo taken from the wreck, as salvage, by compromise, seven hundred and fifty dollars. At the trial of this action, the defendants offered evidence tending to prove, that the…
1Opinion of the Court
The opinion of the Court, after a continuance, was drawn up by
Weston C. J.
The party injured by the alleged embezzlement, has started no objection to the right of salvage, but has actually paid the sum, which the parties in interest agreed to accept; and as the jury have found, without any diminution, on account of any supposed misconduct in the plaintiff. We think then, that the defendants must be held to have received his portion of the salvage in trust for him, and for his use. Upon these facts, we cannot dis*175cern tbe equity of tlic defence now set up. The question of salvage has been…
2Cited by1 opinion
- Studley v. BakerDistrict Court, D. Massachusetts · 1873