Davis v. Marston
Massachusetts Supreme Judicial Court
In this case, Isaac Senter, one of the supposed trustees, had submitted to interrogatories, and the question before the Court was, whether he has or has not discharged himself.
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In this case, Isaac Senter, one of the supposed trustees, had submitted to interrogatories, and the question before the Court was, whether he has or has not discharged himself. He disclosed that having begun to build the schooner Greyhound on his own account, and while she was on the stocks, Marston, together with Oliver and Ingalls, agreed with him in writing to take and own three sixteenths of the schooner, and to hold themselves obliged to pay or become responsible for three sixteenths of the amount of her bills; that he, Senter, then agreed that they should hold and own three sixteenths…
1Opinion of the Court
Curia.
If three sixteenth parts of the schooner Greyhound are the property of Marston, Oliver and Ingalls, then they are indebted to Senter for the deficiency of the supplies they were to furnish, and he cannot, be the trustee of either of them ; but if no part of the schooner is the property of Marston, then Senter is his trustee to the amount of the supplies furnished.
And we are satisfied that Marston has no title to any part of the schooner. He, with Oliver and Ingalls, were to have three sixteenths, on furnishing that proportion of the supplies, until the vessel was fit for the sea, and…
2Cited by3 opinions
- Raymond v. ButterworthMassachusetts Supreme Judicial Court · 1885
- Crosby v. HarrisonMassachusetts Supreme Judicial Court · 1874
- Peters v. RogersU.S. Circuit Court for the District of Massachusetts · 1830