Legal Opinion

Richmond v. New Bedford Copper Co.

District Court, D. Massachusetts

Decided July 1, 1874PublishedCited by 9 opinions

Libel for damages brought by thirteen persons [Joshua Richmond and twelve others], owners of the bark Lancer, of New Bedford, alleging that the defendants had contracted to furnish that ship with a suit of bronze metal for her repair, and had undertaken that it should be fit, suitable, &c., and had furnished an article which was put upon the ship, but which proved not to be bronze metal, and to be unfit, &c.

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Libel for damages brought by thirteen persons [Joshua Richmond and twelve others], owners of the bark Lancer, of New Bedford, alleging that the defendants had contracted to furnish that ship with a suit of bronze metal for her repair, and had undertaken that it should be fit, suitable, &c., and had furnished an article which was put upon the ship, but which proved not to be bronze metal, and to be unfit, &c. Three of the plaintiffs filed a statement that the libel was brought without their consent, and that they did not and do not participate therein, and asking that their names may be…

1Opinion of the Court

LOWELL, District Judge.

It is a rule founded in justice that a single cause of action. though it accrue jointly to several persons, ought to be the subject of but one suit, and, in whatever mode the object may be attained, the courts must manage that the controversy shall be settled once for all. If part owners of ships have made a contract with a third person, which is joint in its nature, no doubt this rule applies to them, and their action on the contract must be joint. Story, Partn. § 454. The defendants argue that, at common law, any joint contractor may prevent action on the joint…

2Cases cited1 opinion

  1. Austin v. WalshMassachusetts Supreme Judicial Court · 1807

3Cited by9 opinions

  1. Watts v. CamorsSupreme Court of the United States · 1885
  2. Dowling v. Isthmian S.S. CorporationCourt of Appeals for the Third Circuit · 1950
  3. The KalfarliCourt of Appeals for the Second Circuit · 1921
  4. The CleonaDistrict Court, S.D. New York · 1930
  5. Paterson v. DakinDistrict Court, S.D. Alabama · 1887

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