Loring v. Loring
Supreme Judicial Court of Maine
On report. Assumpsit. The declaration contained two counts; the first, upon an account annexed by which the ship Reaper and owners were charged with the plaintiff’s wages as master from the second day of June, 1866, forty-three months and seven days at a hundred dollars per month, $4,323.33; and for $151.63 disbursed at Carthagena, and $183.95 at Akyab, on the vessel’s account, making a total of $4,658.91; and there were thirteen cash items credited, aggregating $2,820.35,…
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On report. Assumpsit. The declaration contained two counts; the first, upon an account annexed by which the ship Reaper and owners were charged with the plaintiff’s wages as master from the second day of June, 1866, forty-three months and seven days at a hundred dollars per month, $4,323.33; and for $151.63 disbursed at Carthagena, and $183.95 at Akyab, on the vessel’s account, making a total of $4,658.91; and there were thirteen cash items credited, aggregating $2,820.35, being sums retained by the master, in as many foreign ports, towards his wages. Tlnis the balance was $1,838.56; on which…
1Opinion of the CourtDanforth, J.
This is an action by the master against the owners of the ship Reaper to recover a balance alleged to be due as wages, and for disbursements for said ship.
On the part of the defendants two objections are made to the maintenance of the action.
The first is that the plaintiff, at the time the services were rendered and the disbursements made, was a part owner in the vessel, or at least a partner in the business in which the vessel was used, and that therefore his remedy is in equity alone.
There is nothing in the testimony that tends to show any partnership, but the reverse. The only business…
2Cases cited3 opinions
- Stanwood v. FlaggMassachusetts Supreme Judicial Court · 1867
- Moore v. CurryMassachusetts Supreme Judicial Court · 1871
- Nelson v. WeeksMassachusetts Supreme Judicial Court · 1872