Mumford v. Nicoll
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The respondents, on the 4th of August, 1817,° filed their bill against the appellant. The bill stated, among other things, that in December, 1815, and before, the appellant and Samuel Stilwell were joint owners of the brig Phoenix, and her cargo, which was shipped in their joint names, and the vessel, with the cargo, was sent on a trading voyage, from JYew-Yorh to the Mediterranean.
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APPEAL from the Court of Chancery. The respondents, on the 4th of August, 1817,° filed their bill against the appellant. The bill stated, among other things, that in December, 1815, and before, the appellant and Samuel Stilwell were joint owners of the brig Phoenix, and her cargo, which was shipped in their joint names, and the vessel, with the cargo, was sent on a trading voyage, from JYew-Yorh to the Mediterranean. The vessel arrived at Gibraltar, where the master sold part of the cargo, arid invested the proceeds in merchandise, with which, and such parts of the original cargo as remained…
1Opinion of the CourtPlatt, J.
If appears, that cm the 97lh of December^ 1815, Mumfordand one Samuel Stilwell, were joint own-of the brig Phomix, whereof James ers, m & Green was master; ÚmtMuwford and Stihoell, as limited partners for that adventure, planned a voyage, and shipped a cargo at JYew-York, on board the brig, in their joint names, with Instructions to the master to proceed to Gibraltar, and there to sell the cargo, in whole or part 5 to invest the proceeds in another cargo, and from thence to carry on a trading voyage, as the master might think proper, for the benefit of the owners: that the vessel and cargo,…
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