Willard v. Sheafe
Massachusetts Supreme Judicial Court
Benjamin Smith, who was summoned in this action, September 8th, 1807, as the trustee of the defendant, Sheafe, disclosed, on his examination, the following facts, viz.: That he sailed in the month of February, 1807, in the schooner Boston, as master, with a cargo of sundry articles, belonging to Zadoc French, Henry Sheafe, and himself, one third each, to Martinique, where he arrived some time in March following; where he disposed of the cargo, with the exception of certain…
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Benjamin Smith, who was summoned in this action, September 8th, 1807, as the trustee of the defendant, Sheafe, disclosed, on his examination, the following facts, viz.: That he sailed in the month of February, 1807, in the schooner Boston, as master, with a cargo of sundry articles, belonging to Zadoc French, Henry Sheafe, and himself, one third each, to Martinique, where he arrived some time in March following; where he disposed of the cargo, with the exception of certain articles, which he specifies, and which he left in the hands of certain merchants in Port Royal, and took their receipts…
1Opinion of the CourtParsons, C. J.
Smith, as agent for the owners of the cargo of the schooner Boston, in which Sheafe, French, and himself, were equally interested, had left a part of the cargo in the hands of certain merchants in Martinique, to be sold on the joint account of the concerned. While these effects were in the hands of the merchants, Smith was not a debtor, or accountable to Sheafe for any pait of the same, and consequently had no credits or effects of Shecfe in his hands. This was the state of that part of the cargo, when the writ was served on Smith; for he did not receive from those merchants any proceeds of…
2Cited by8 opinions
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- Andrews v. LudlowMassachusetts Supreme Judicial Court · 1827
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