Legal Opinion

Heard v. Bradford

Massachusetts Supreme Judicial Court

Decided March 15, 1808PublishedCited by 4 opinions

This was an action of assumpsit, for money had and received, and upon trial before Parker, J., a verdict was taken for the plaintiff, subject to the opinion of the whole Court, upon a report of the case by the judge who sat on the trial.

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This was an action of assumpsit, for money had and received, and upon trial before Parker, J., a verdict was taken for the plaintiff, subject to the opinion of the whole Court, upon a report of the case by the judge who sat on the trial. From that report it appeared, that on the 26th of November, 1793, the defendant chartered his brigantine, Jerusha, to F. W. Geyer 8f Son, for a voyage from Boston to the West Indies, and back to Boston, or from the West Indies to any port or ports of .Europe, (the straits excepted,) and back to Boston, where she was to be discharged, dangers of the seas…

1Opinion of the Court

The opinion of the Court (the Chief Justice excepted, who had been of counsel in the cause) was afterwards thus delivered by

Sedgwick, J.

[After particularly stating the facts.] Whether the defendant was, or was not, entitled to freight for the hire of his vessel, antecedent to the capture, is of no importance in deciding this case. He certainly was not entitled to both the sums which he has received. He cannot be authorized to retain it from the plaintiff, for the reason alleged, that he is responsible for it to the British government. The award of the commissioners [ * 329 ] was in pursuance…

2Cited by4 opinions

  1. Cummings v. WymanMassachusetts Supreme Judicial Court · 1813
  2. Gormley v. DangelMassachusetts Supreme Judicial Court · 1913
  3. Appleton v. CrowninshieldMassachusetts Supreme Judicial Court · 1811
  4. Todd v. TobeySupreme Judicial Court of Maine · 1848

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