Lemon v. Walker
Massachusetts Supreme Judicial Court
Assumpsit for services rendered. 1st count, Indebitatus according to the account annexed to the writ. 2d count, Quantum meruit. At the trial of the action, which was had upon the general issue, before Sewall, J., at the sittings here after the last November term; the plaintiff relied on the deposition of John Proctor; an objection to his competency as a witness in this cause having been overruled.
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Assumpsit for services rendered. 1st count, Indebitatus according to the account annexed to the writ. 2d count, Quantum meruit. At the trial of the action, which was had upon the general issue, before Sewall, J., at the sittings here after the last November term; the plaintiff relied on the deposition of John Proctor; an objection to his competency as a witness in this cause having been overruled. If competent evidence, this deposition proved that, the defendants being owners of the ship America, the said Proctor was the master, and the plaintiff the first officer or mate of the said ship,…
1Opinion of the Court
By the Court.
Two questions have been made in this case. If the question relative to the plaintiff’s right of action, as he has made out his case, is determined against him, the question relative to the competency of the witness will need no decision. And we all think that the plaintiff cannot recover upon the facts reported. Upon the capture of a ship, the relation between the owners and the master and crew ceases The master, in such case, is bound to * stay by the ship, to see to her preservatian, and to endeavor to obtain her discharge. If the ship is left in his keeping, as seems to have…
2Cases cited1 opinion
- Oxnard v. DeanMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
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