Davis v. Ham
Massachusetts Supreme Judicial Court
The principal defendants were owners of a ship called the Governor Gilman, on board which the persons summoned as trustees, in December, 1802, severally shipped a quantity of specie, under an agreement with the owners of the ship, that it should be transported to Calcutta, and there be invested by an agent of the shippers, one half in sugars and the other half in cotton goods, which were to be brought back to Boston, in the ship, and there delivered to the respective…
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The principal defendants were owners of a ship called the Governor Gilman, on board which the persons summoned as trustees, in December, 1802, severally shipped a quantity of specie, under an agreement with the owners of the ship, that it should be transported to Calcutta, and there be invested by an agent of the shippers, one half in sugars and the other half in cotton goods, which were to be brought back to Boston, in the ship, and there delivered to the respective shippers of the specie. The owners were to receive one third of the net profits arising on the sugars, and one fourth of the…
1Opinion of the Court
The Court took time to consider of this case, and now their opinion was delivered by
Parker, J.
The only question properly submitted to the Court in the state of facts agreed on by the parties in this case is, whether the persons summoned as trustees can be legally charged as such upon those facts. The other question, upon which a decision seems to be wished, viz., whether the interest of the debtors in the profits *32of the voyage legally passed to the assignees, need not in this action be determined.
Amory, Dexter, and Otis, for the plaintiffs. C. Jackson, for the trustees.
To make the persons…
2Cases cited2 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- Willard v. SheafeMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Wood v. PartridgeMassachusetts Supreme Judicial Court · 1814
- People v. ArguelloCalifornia Supreme Court · 1869
- Webster Wagon Co. v. Home InsuranceWest Virginia Supreme Court · 1885
- Dunnegan v. ByersSupreme Court of Arkansas · 1856
- Royal Indemnity Co. v. WilsonOhio Court of Appeals · 1931
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