Legal Opinion

Allen v. Hawley

Supreme Court of Florida

Decided January 15, 1855PublishedCited by 27 opinions

Appeal from Franklin Circuit Court, sitting in Chancery. Nelson Hawley filed Ms bill in the Court below, alleging that he and Henry Allen having contracted with the Government of the United States for the transportation of the mail between Apalachicola and Chattahoochee for four years, from the first of July, 1847, entered into articles of agreement for the purchase of a Steamboat to be used as well in said service as in the transportation of freight and passengers, of which…

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Appeal from Franklin Circuit Court, sitting in Chancery. Nelson Hawley filed Ms bill in the Court below, alleging that he and Henry Allen having contracted with the Government of the United States for the transportation of the mail between Apalachicola and Chattahoochee for four years, from the first of July, 1847, entered into articles of agreement for the purchase of a Steamboat to be used as well in said service as in the transportation of freight and passengers, of which agreement, the following is a copy, viz: STATE OF FLORIDA, > County of Franklin. This agreement made and entered into…

1Opinion of the CourtDupont, J.

The first point that arises in this cause and upon the decision of which mainly depend many of the positions of law, assumed by the Counsel of the appellant, involves the inquiry as to the character of the tenure, by which several individuals may hold title to merchant ships or steamboats ; in other words the relation which the several individuals hold to each other, in respect to the ownership of that particular species of property.

All writers upon the subject of commercial and maritime law concur, that as a general rule, merchant vessels employed in navigating the ocean (and we have…

2Cases cited2 opinions

  1. Innes v. LansingNew York Court of Chancery · 1839
  2. Marten v. Van Schaick & BloodgoodNew York Court of Chancery · 1834

3Cited by27 opinions

  1. Godwin v. PhiferSupreme Court of Florida · 1906
  2. Sullivan v. MorenoSupreme Court of Florida · 1882
  3. Farmers Bank & Trust Co. v. Palms Publishing Co.Supreme Court of Florida · 1923
  4. Wehmeier v. Mercantile Banking Co.Indiana Court of Appeals · 1912
  5. First National Bank of Laramie v. CookWyoming Supreme Court · 1904

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