Stinson v. Fernald
Supreme Judicial Court of Maine
On REPORT. Assumpsit on account annexed for use of one-half schooner, Robert Ripley, her tackle and furniture, from January 1, 1878, to May, 1878, $200. The opinion states the material facts. cited: Smith v. Marsh, 2 Dane’s Abr. 228, 449 ; Kimball v. Sumner, 62 Maine, 310; Stanley r.
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On REPORT. Assumpsit on account annexed for use of one-half schooner, Robert Ripley, her tackle and furniture, from January 1, 1878, to May, 1878, $200. The opinion states the material facts. cited: Smith v. Marsh, 2 Dane’s Abr. 228, 449 ; Kimball v. Sumner, 62 Maine, 310; Stanley r. Ayers, 3 Yes. 444; 1 Parson’s Sh. & Adm. 117 ; Hopkins v. Forsyth, 14 Pa. 34; Lyman v. Boston & Maine 12. 12. Go. 58 N. II. 384; Chitty Contracts, 124; Baker v. Jeivell, 8 Mass. 460. cited: White v. Gurtis, 35 Maine, 534; Hall v. Gray, 54 Maine, 230; Hampton v. Bouse, 11 B. R. 472; 22 ^ Wall. 263.
1Opinion of the CourtPeters, C. J.
The plaintiff sues the master of a vessel for one-half of her use for a certain time. The vessel was let as a whole, the plaintiff owning but one-half of her. The defense set up is non-joinder; the defendant contending, under the general issue, that all the owners should be joined as plaintiffs.
Such is the general rule ; and the rule governs unless there be some excuse for disregarding it. Tenants in common of personal property have a single claim, and not separate claims, for the use of the common property. One tenant in common, of course, can lease his own interest separately by some…
2Cases cited4 opinions
- Murray v. MurrayNew York Court of Chancery · 1821
- Reed v. PaulMassachusetts Supreme Judicial Court · 1881
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
- Willink v. RenwickNew York Supreme Court · 1840