Legal Opinion

Stinson v. Fernald

Supreme Judicial Court of Maine

Decided December 9, 1885Published

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

  1. Murray v. MurrayNew York Court of Chancery · 1821
  2. Reed v. PaulMassachusetts Supreme Judicial Court · 1881
  3. Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
  4. Willink v. RenwickNew York Supreme Court · 1840

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