Lamb v. Durant
Massachusetts Supreme Judicial Court
This action was indebitatus assumpsit for money had and received, and was submitted to the decision of the Court upon a case agreed by the parties, the substantial facts of which were as follows : — Prior to February, 1810, the brig Louisa was owned, one moiety by the defendant, and the other moiety by John Maynard and Robert Lamb, who were general partners in trade, doing business under the firm of Maynard Sf Lamb.
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This action was indebitatus assumpsit for money had and received, and was submitted to the decision of the Court upon a case agreed by the parties, the substantial facts of which were as follows : — Prior to February, 1810, the brig Louisa was owned, one moiety by the defendant, and the other moiety by John Maynard and Robert Lamb, who were general partners in trade, doing business under the firm of Maynard Sf Lamb. On the third day of said February, the said vessel being then on a voyage to the West Indies, under the care of the said John Maynard, who was consignee of the vessel and het…
1Opinion of the Court
Parker, C. J
Two questions arising in this case are important m a commercial point of view, and deserve a deliberate eration.
[ * 56 ] * The first question respects the title of the plaintiffs *57under their bill of sale, of the 3d of February. It was made in good faith, and upon a valuable consideration ; and, if the authority of Robert Lamb was sufficient to convey the interest of his partner, their title would be good against any creditor of the house. For, although the vessel was then abroad, so that a delivery could not take place, it is well settled, by a number of decisions in this country…
2Cases cited3 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839
- Fontaine v. BeersSupreme Court of Alabama · 1851
- Wilson v. HustonSupreme Court of Missouri · 1850
- Badger v. President, &c. Bank of CumberlandSupreme Judicial Court of Maine · 1847
- Sargent v. Franklin InsuranceMassachusetts Supreme Judicial Court · 1829
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