Fanning v. Chadwick
Massachusetts Supreme Judicial Court
Assumpsit on account annexed, and for money had and received. The action was brought to recover an eighth part of the proceeds of two certain adventures growing out of a voyage undertaken in a vessel, three fourths of which were owned by the defendant, one eighth by the plaintiff, and one eighth by J. B. Fanning, and of which the defendant was master for the voyage.
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Assumpsit on account annexed, and for money had and received. The action was brought to recover an eighth part of the proceeds of two certain adventures growing out of a voyage undertaken in a vessel, three fourths of which were owned by the defendant, one eighth by the plaintiff, and one eighth by J. B. Fanning, and of which the defendant was master for the voyage. The vessel sailed on a whaling voyage, and during the prosecution thereof, the defendant took some prisoners from on board a South American privateer, at the request of her commander, and landed them at an island on the coast of…
1Opinion of the Court
Wilde J.
delivered the opinion of the Court. Without determining whether, upon the facts reported, the parties are to oe considered as standing in the relation of copartners, or not, we are of opinion that this action may be well maintained. It is true, generally, that a partner or tenant in common cannot sue his cotenant or copartner in an action in form ex contractu, for a share of the common property, or profits received. But if the joint interest is determined, or the partnership is dissolved, all accounts and liabilities being settled and discharged, and a balance remains due from one…
2Cases cited3 opinions
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Stiles v. CampbellMassachusetts Supreme Judicial Court · 1814
- Andrews v. AllenSupreme Court of Pennsylvania · 1823