Maguire v. Pingree
Supreme Judicial Court of Maine
Assumpsit. The view, taken by the Court, dispenses with any thing further than the following mere outline of these cases, although quite a mass of facts are reported, from which it seems to have been supposed the balances between the parties could be ascertained. The ownership of the brig Friends, of the Province of New Brunswick, was divided into thirty-two shares. Each of the plaintiffs owned one share.
Read the full summary
Assumpsit. The view, taken by the Court, dispenses with any thing further than the following mere outline of these cases, although quite a mass of facts are reported, from which it seems to have been supposed the balances between the parties could be ascertained. The ownership of the brig Friends, of the Province of New Brunswick, was divided into thirty-two shares. Each of the plaintiffs owned one share. The business was conducted in the name of the St. Stephens Navigation Company. William T. Rose was the secretary of the company. The concern became indebted and most of the owners were…
1Opinion of the CourtWells, J.
—In the first and second actions, above named, the plaintiffs claim to recover a portion of the earnings, and of the money received from the insurers for the loss of the brig Friends.. The parties were part owners of the vessel. It appears by the statement of facts, that an attempt had been made to settle the accounts between them, in relation to the vessel, but owing to a disagreement, no settlement was made.
But in such cases one part owner cannot maintain an action at law against another, although their joint interest has terminated. The ordinary remedy for an adjustment of the accounts…
2Cases cited1 opinion
- Halsted v. SchmelzelNew York Supreme Court · 1819