Rich v. Ryder
Massachusetts Supreme Judicial Court
Replevin of fifty iron lances, eight hundred fathoms of whale line, one whale gun, four sets of whale boat oars, three blubber hooks and a blubber mincing machine, and various other articles usual in the fitment of whaling vessels, including some provisions and mess table furniture.
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Replevin of fifty iron lances, eight hundred fathoms of whale line, one whale gun, four sets of whale boat oars, three blubber hooks and a blubber mincing machine, and various other articles usual in the fitment of whaling vessels, including some provisions and mess table furniture. Trial, and verdict for the plaintiff, in the superior court, before Putnam, J., who allowed a bill of exceptions of which the following are the material parts: “ It appeared in evidence, that the articles named in the writ were a portion of the supplies (great and small generals) of the schooner Joseph Bindley,…
1Opinion of the CourtChapman, C. J.
1. The motion to dismiss on account of the insufficiency of the replevin bond, having been filed after verdict, was made too late. Gen. Sts. e. 129, § 79.
2. The usage at the port of Provincetown related to the method of disposing of the supplies which were left at the termination of the voyage, for the purpose of settling up the voyage, and is valid. We can see nothing unreasonable in it, and it has all the characteristics of a legal usage, being a mere method of transacting business. Dickinson v. Gay, 7 Allen, 29.
3. The principal question in the case is, whether the plaintiff can maintain…
2Cases cited1 opinion
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
3Cited by2 opinions
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
- Odd Fellows Hall Ass'n v. McAllisterMassachusetts Supreme Judicial Court · 1891