Austin v. Walsh
Massachusetts Supreme Judicial Court
This was an action of assumpsit for money had and received, and was tried before Parker, J., at the last November term, when a verdict was found for the plaintiff, subject to the opinion of the Court upon the report of the judge.
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This was an action of assumpsit for money had and received, and was tried before Parker, J., at the last November term, when a verdict was found for the plaintiff, subject to the opinion of the Court upon the report of the judge. From this report it appeared, that Walsh, in February, 1800, was master of the ship America, bound on a voyage from Boston to Teneriffe and La Vera Cruz lie received merchandise from one William H. M’Neil, to be sold at La Vera Cruz, and promised, in writing, to account with M’Neil for the amount of the invoice and one half of the profits. He made the voyage safely,…
1Opinion of the Court
The opinion of the Court was delivered by
Parsons, C. J.
This case comes before the Court upon the reservation of the judge of certain points which arose in the trial of the cause.
It appeared at the trial that the plaintiff and one William II. M’Neil were jointly and equally interested in an adventure shipped on board the ship America, and consigned for sales and returns to the defendant, the master: that, at the time of 'the shipment, Austin was not known to Walsh, as a partner; and the defendant had agreed to account with M’Neil or his assigns. The adventure was profitable: and the defendant,…
2Cases cited2 opinions
- Russell v. SwanMassachusetts Supreme Judicial Court · 1820
- Peters v. DavisMassachusetts Supreme Judicial Court · 1811
3Cited by22 opinions
- Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
- Baker v. JewellMassachusetts Supreme Judicial Court · 1810
- Houston v. StantonSupreme Court of Alabama · 1847
- McManus v. ThingMassachusetts Supreme Judicial Court · 1911
- Southeastern Greyhound Lines v. WellsSupreme Court of Georgia · 1949
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