Packard v. Lienow
Massachusetts Supreme Judicial Court
The declaration, which was in assumpsit, contained, besides .counts on quantum meruit, quantum valebant, money laid out and expended &c., a count on a special agreement, by which the defendant and sundry other persons severally engaged to apply to the government of the United States for a commission for arming and equipping, as a letter of marque or privateer, the brig Curlew, for the purpose of cruising against and capturing the ships,'&c., of the subjects of Great Britain;…
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The declaration, which was in assumpsit, contained, besides .counts on quantum meruit, quantum valebant, money laid out and expended &c., a count on a special agreement, by which the defendant and sundry other persons severally engaged to apply to the government of the United States for a commission for arming and equipping, as a letter of marque or privateer, the brig Curlew, for the purpose of cruising against and capturing the ships,'&c., of the subjects of Great Britain; and further agreed to value the said brig with her appurtenances, as she then was, at $ 25,000 ; to provide suitable […
1Opinion of the CourtDewey, J.
The defendant objects to the directions of the judge, because, he says, that, by the terms of the agreement entered into between him and his associates, it was expressly stipulated that no more than $1000 dollars should be paid on each share, and that, having paid that sum, he is not liable to pay any additional expenses ; that the company did not direct the plaintiff to advance more money for them; but to raise it by the sale of additional shares.
Under the original agreement, had nothing more been done by the defendant, he could not be compelled to contribute towards any expenses incurred…
2Cited by1 opinion
- Barney v. CoffinMassachusetts Supreme Judicial Court · 1825