Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts Volume 6

Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts Volume 6

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...contended that the whole contract in this case was expressly made with the United Siates, --not even with the plaintiff as their agent; and if it had been, he insisted that he could not maintain the action in his own name. The plaintiff shows no interest in the demand; it does not even appear that the money was paid by him. The seamen shipped in the service of the United States, and to them alone are they or their sureties answerable. But if this contract was made with the plaintiff, it was with him as an agent of the United States; and so the declaration states expressly. He cannot, then, support the action in his own name. (2) A recovery in this action will be no bar to a demand for the same money by the United Siates. If it is, then they will lose the benefit secured by law to them of a priority in cases of insolvency. But, admitting the contract to have been with the plaintiff, the facts show no breach of it. The defendant was responsible that Bowers should go on board, and proceed to sea. But this must have a reasonable construction. Bowers did go on board, and remained six weeks. Was the defendant to be held (1) Butter's Jf. P. 130, Gonzalez vs. Sladm.--2 Esp. Rep. 493, Athyns if M. n imbrr.--1 East's Rep. 135, Myrtle vs. Beaver.--Ibid. 579, Rice vs. Chute. 8 D. $ 571, Banjill vs. Leigh. (: -) 1 Crunch, 345, Hodgson vs. Dexter.--1 Mass. Rep. 208, Brown vs. Austin. Bainbridge vs. Downik. responsible for an indefinite length of time, until it should happen to suit the plaintiff's convenience to quit the port? 257 The action stood over for advisement until this term, when the opinion of the Court was delivered by Sewall, J. Several questions have been argued in this case; but it is not necessary to express a decision upon more...
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Product details

  • Paperback | 176 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236762142
  • 9781236762146