Hathaway v. Russell
Massachusetts Supreme Judicial Court
The plaintiff brought his action of assumpsit against Messrs. Warrall Williamson, merchants of Liverpool, in Great Britain, and summoned the present defendant, and four others, as trustees of the principal debtors.
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The plaintiff brought his action of assumpsit against Messrs. Warrall Williamson, merchants of Liverpool, in Great Britain, and summoned the present defendant, and four others, as trustees of the principal debtors. The trustees notappearing in the original suit, in which judgment was rendered for the plaintiff against the principals, he sued out this and four other writs of scire jurists against the supposed trustees severally, who, thereupon, came in and made a disclosure, upon which the questions in this suit arose. P. Fish AL had brought an action against the said principal debtors, and…
1Opinion of the CourtJackson, J.
The principal question in this case has been already decided, viz., that Russell and the other part-owners of the ship Bristol are justly indebted to Warrall &f Williamson, for the expenses of repairing that ship in Liverpool, and cannot resist that demand on account of any supposed liability to the carpenters, and others, who made those repairs.
A question afterwards arose as to the amount for which the de fendant should be adjudged trustee, as he was origin- [ * 474 ] ally liable jointly with others, some of whom, *as it appeared by their answers, had demands to set off against what-was due…
2Cases cited1 opinion
- Fowler v. BottMassachusetts Supreme Judicial Court · 1809
3Cited by19 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Eddy v. O'HaraMassachusetts Supreme Judicial Court · 1882
- Sternheimer v. HarrisMassachusetts Supreme Judicial Court · 1925
- Picquet v. SwanU.S. Circuit Court for the District of Massachusetts · 1827
- Sanford v. SanfordNew York Supreme Court · 1871
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