Appleton v. Crowninshield
Massachusetts Supreme Judicial Court
Debt upon a bond dated November 25th, 1793, in the penal sum of £300, lawful money, the condition of which is in these words: “ Whereas the above-bounden George Crowninshield hath borrowed and received of the above-named John Appleton one hundred and fifty pounds, on bottomry, being on the bottom of the schooner Charming Sally, whereof Richard Crowninshield is, at present, master, and now bound on a voyage from hence (Salem) to one or more islands in the West Indies, and…
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Debt upon a bond dated November 25th, 1793, in the penal sum of £300, lawful money, the condition of which is in these words: “ Whereas the above-bounden George Crowninshield hath borrowed and received of the above-named John Appleton one hundred and fifty pounds, on bottomry, being on the bottom of the schooner Charming Sally, whereof Richard Crowninshield is, at present, master, and now bound on a voyage from hence (Salem) to one or more islands in the West Indies, and from thence to any port or ports whatsoever, and from thence back to Salem, or port of discharge in this commonwealth;…
1Opinion of the CourtParker, J.
[After reciting the substance of the pleadings.] These pleadings present to us the general question, whether, under the facts disclosed thereby, the plaintiff can recover in this action; anc to decide this question, we must inquire, 1st. Whether the facts alleged in the plea are a sufficient bar to the action, if unanswered; and if they are, 2. Whether the conclusion from those facts is sufficiently avoided by the plaintiff’s replication.
* A satisfactory construction of the condition of the bond [ * 460 ] is not unattended with difficulty. Whether it was the intention of the parties that the…
2Cases cited1 opinion
- Appleton v. CrowninshieldMassachusetts Supreme Judicial Court · 1811
3Cited by4 opinions
- Pope v. NickersonU.S. Circuit Court for the District of Massachusetts · 1844
- Force v. Providence Washington Ins.District Court, S.D. New York · 1888
- Robertson v. United InsuranceNew York Supreme Court · 1801
- Satterlee v. JonesThe Superior Court of New York City · 1854