Harding v. Foxcroft
Supreme Judicial Court of Maine
This was an action of the case against the sheriff, for the default of his deputy, in not giving a priority of satisfaction to the plaintiff’s execution against Webster and Minchin & Willis, 'out of the proceeds of their vessel and cargo.
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This was an action of the case against the sheriff, for the default of his deputy, in not giving a priority of satisfaction to the plaintiff’s execution against Webster and Minchin & Willis, 'out of the proceeds of their vessel and cargo. At the trial, before the Chief Justice, it appeared that the plaintiff’s demand was for cordage furnished to the vessel; that Webster owned one half of her, and Minchin & Willis, who were general partners in trade, owned the other; that the cargo was purchased partly by Webster, on his own account, partly by Minchin & Willis, on theirs, and partly by all the…
1Opinion of the Court
MelleN C. J.
delivered the opinion of the Court.
The only question presented in this caséis, whether the property in the vessel and cargo, was of such a character, and so holden by Minchin & Willis and Webster, as that it was liable to pay their joint debts in preference to debts due from them severally. If not so liable, this action cannot be maintained ; because it appears by the report that the plaintiff’s attachment was not made till after those of all the other creditors, on whose executions the vessel and cargo were sold within thirty days after judgment. The deputy of the • defendant,…
2Cases cited2 opinions
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Jackson v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1822