Appleton v. Crowninshield
Massachusetts Supreme Judicial Court
In this action, which was assumpsit for money had and received to the use of the plaintiff, the parties agreed to the following statement of facts, on which judgment was to be rendered, viz.: — That on the 25th of November, 1793, the defendant was owner of the schooner Charming Sally, whereof Richard Crowninshield was master, then lying in the harbor of Salem, and bound on a voyage to the West Indies ; and that the defendant then and there borrowed and received of the…
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In this action, which was assumpsit for money had and received to the use of the plaintiff, the parties agreed to the following statement of facts, on which judgment was to be rendered, viz.: — That on the 25th of November, 1793, the defendant was owner of the schooner Charming Sally, whereof Richard Crowninshield was master, then lying in the harbor of Salem, and bound on a voyage to the West Indies ; and that the defendant then and there borrowed and received of the plaintiff one hundred and fifty pounds on bottomry, upon the bottom of the said schooner, and executed and delivered to the…
1Opinion of the Court
At this term the judges delivered their opinions, seriatim,, to the following effect: —
Parker, J.
In this case the principal facts are, that the plaintiff in 1793 loaned to the defendant five hundred * dollars on a bottomry contract, on which he was to receive the principal, with three per cent, per month for marine interest, on the return of the vessel to Salem, from the voyage which he had undertaken ; and in case of a loss of the vessel by perils of the seas, or by fire, or the enemies of the United States, the contract was to be void. — The vessel arrived at the Island of Guadaloupe,…
2Cases cited1 opinion
- Heard v. BradfordMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
- Force v. Providence Washington Ins.District Court, S.D. New York · 1888
- Miller v. O'BrienDistrict Court, S.D. New York · 1894
- Appleton v. CrowninshieldMassachusetts Supreme Judicial Court · 1807
- Armour & Co. v. Green Star S. S. Co.Court of Appeals for the Second Circuit · 1931
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