Legal Opinion

Clayton v. The Schooner Eliza B. Emory

United States Circuit Court

Decided November 10, 1880PublishedCited by 2 opinions

Appeal by libellants from the decree of the district court in admiralty.

1Opinion of the CourtMcKennan, C. J.

The libellants represent the majority in interest of the owners of the schooner Eliza B. Emory, and have brought this suit to obtain possession of the vessel. It is not denied that, under ordinary circumstances, this right will be enforced against the minority interest in a vessel, in favor of the majority, but it is contended that John B. Clayton, whose interest must be united with that of the other libellants to make up a majority of the proprietary shares of the vessel, is estopped from asserting his right as owner, and that, therefore, a majority of the owners is not represented in the…

2Cases cited1 opinion

  1. Montgomery v. HenrySupreme Court of the United States · 1780

3Cited by2 opinions

  1. Lombard S. S. Co. v. AndersonCourt of Appeals for the Fourth Circuit · 1904
  2. Andrus v. Alaska Pacific Salmon Corp.District Court, W.D. Washington · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API