Chadbourne v. Duncan
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Assumpsit for money had and received. There was evidence tending to show that the defendant had effected insurance .upon the brig Mechanic, and that he had received the amount as for a total loss ; that this amount was something over $6000 ; that he was part owner, and had bills against the brig, which, being deducted from that amount, reduced the insurance money in his hands to $3200 ; that the owners of if-ths had…
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On Exceptions from Nisi Prius, Tenney, J., presiding. Assumpsit for money had and received. There was evidence tending to show that the defendant had effected insurance .upon the brig Mechanic, and that he had received the amount as for a total loss ; that this amount was something over $6000 ; that he was part owner, and had bills against the brig, which, being deducted from that amount, reduced the insurance money in his hands to $3200 ; that the owners of if-ths had received their respective proportions of that sum ; that he retained in his hands a balance of $200, as the proportion due…
1Opinion of the Court
Howard, J. —
The sale of a vessel; like that of any other personal chattel, may be proved by parole. Between the vendor and purchaser, neither a bill of sale, nor a change of registry is necessary, in order to complete the transfer. The instructions on this point were unexceptionable.
The requested instructions, in respect to the right of one part owner to maintain an action against another, and in regard to the plaintiff’s claim upon the defendant, for money received as insurance upon the vessel, were given with suitable qualifications. The defendant has no occasion to complain of them, as…
2Cited by2 opinions
- Dize v. BeachamCourt of Appeals of Maryland · 1895
- Thurber v. The FannieDistrict Court, E.D. New York · 1876