Atkins v. Lewis
Massachusetts Supreme Judicial Court
Contract, to recover of a part owner of a schooner for labor and supplies furnished in fitting her out for a fishing voyage. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon the findings of an auditor as an agreed statement of facts, the nature of which appears in the opinion.
1Opinion of the CourtMorton, J.
This is an action to recover of the defendant, as part owner, for labor and supplies furnished in fitting out a schooner for a fishing voyage. The plaintiff was employed by one Whorf, who also was a part owner, and who for several years had been the managing owner. Before the labor and supplies were furnished, the defendant gave notice to Whorf not to incur any further expense on the schooner on his account. The *535plaintiff did not know of this, and the defendant gave no notice, except to Whorf, of his intention not to join in the enterprise for which the schooner was fitted out. He knew that…
2Cases cited4 opinions
- The ValenciaSupreme Court of the United States · 1897
- Stedman v. . FeidlerNew York Court of Appeals · 1859
- Hussey v. AllenMassachusetts Supreme Judicial Court · 1809
- McCready v. . ThornNew York Court of Appeals · 1873
3Cited by1 opinion
- Rosenblum v. Springfield Produce Brokerage Co.Massachusetts Supreme Judicial Court · 1922