Smith v. Butler
Massachusetts Supreme Judicial Court
Bill nr equity, praying for an account. Trial in the Superior Court, before Sheldon, J., who reported the case for the determination of this court, in substance as follows. Between the years 1882 and 1888 the firm of Smith and Townsend, composed of Silvanus Smith and James L. Townsend, were ship’s husbands and agents of the barque Nehemiah Gibson. Silvanus Smith was also one of the co-owners of the barque.
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Bill nr equity, praying for an account. Trial in the Superior Court, before Sheldon, J., who reported the case for the determination of this court, in substance as follows. Between the years 1882 and 1888 the firm of Smith and Townsend, composed of Silvanus Smith and James L. Townsend, were ship’s husbands and agents of the barque Nehemiah Gibson. Silvanus Smith was also one of the co-owners of the barque. The owners of the barque during that period were twenty-three in number, among them being Benjamin F. Butler, Joseph L. and R. H. McLauthlin, copartners under the firm name of J. L. and R.…
1Opinion of the CourtLoring, J.
1. The first question presented in this case is that raised by the appeal of the defendants Butler, R. H. and J. L. McLauthlin, and Bradford, who were the defendants in the three actions at law, from the order of the Superior Court allowing the three actions at law to be consolidated and amended into one bill in equity, in which all the part owners of the barque (twenty-three in addition to themselves, making twenty-six in all) were joined as parties defendant. A motion was made by the plaintiff in each of the three actions at law, stating *42that the action in which the motion was filed and the…
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