Whitman v. Porter
Massachusetts Supreme Judicial Court
Bill in equity filed by the administrator of the estate of Lyman Whitman against Harvey Porter and fourteen others, to compel contribution to amounts paid by the plaintiff’s intestate for the use of the Agawam Ferry Company.
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Bill in equity filed by the administrator of the estate of Lyman Whitman against Harvey Porter and fourteen others, to compel contribution to amounts paid by the plaintiff’s intestate for the use of the Agawam Ferry Company. The case was referred to a master; was reserved on the pleadings and his report, by Colt, J., for the determination of the full court; and in substance was as follows: The plaintiff’s intestate, the defendants, and seven other persons, who were not inhabitants of this Commonwealth, subscribed a written agreement for the purpose of purchasing and running a ferry boat…
1Opinion of the CourtChapman, C. J.
The association between the proprietors of the ferry boat was in substance a partnership. The debts were contracted and the notes were given for the benefit of the company. As between themselves, they were ultimately liable in proportion to their interests. But as to creditors, each was liable for the whole. The case is therefore unlike that of Andrews v. Callender, 13 Pick. 484, cited by the defendants’ counsel; for in that case the debt was due from a corporation in which the parties were stockholders, and their liability was merely under existing statutes. Nor is it like the case of Winsor…
2Cited by15 opinions
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- Whitcomb v. ConverseMassachusetts Supreme Judicial Court · 1875
- Bouchard v. First People's TrustMassachusetts Supreme Judicial Court · 1925
- Ricker v. American Loan & Trust Co.Massachusetts Supreme Judicial Court · 1885
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