Lemon v. Walker

Massachusetts Supreme Judicial Court

Lemon v. Walker

9 Mass. 403

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1812

StatusPublished

Cited by2 cases

This text of 9 Mass. 403 (Lemon v. Walker) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lemon v. Walker, 9 Mass. 403 (Mass. 1812).

Pincite

Opinion

By the Court.

Two questions have been made in this case. If the question relative to the plaintiff’s right of action, as he has made out his case, is determined against him, the question relative to the competency of the witness will need no decision. And we all think that the plaintiff cannot recover upon the facts reported. Upon the capture of a ship, the relation between the owners and the master and crew ceases The master, in such case, is bound to * stay by the ship, to see to her preservatian, and to endeavor to obtain her discharge. If the ship is left in his keeping, as seems to have been the case here, he has power to engage necessary aid in the care of the ship. But it cannot be reasonable to retain the whole ship’s company for that object. The verdict must be set aside, and the plaintiff be called,

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.

Two questions have been made in this case. If the question relative to the plaintiff’s right of action, as he has made out his case, is determined against him, the question relative to the competency of the witness will need no decision. And we all think that the plaintiff cannot recover upon the facts reported. Upon the capture of a ship, the relation between the owners and the master and crew ceases The master, in such case, is bound to * stay by the ship, to see to her preservatian, and to endeavor to obtain her discharge. If the ship is left in his keeping, as seems to have been the case here, he has power to engage necessary aid in the care of the ship. But it cannot be reasonable to retain the whole ship’s company for that object. The verdict must be set aside, and the plaintiff be called,

Cite This Page — Counsel Stack

Bluebook (online)

9 Mass. 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lemon-v-walker-mass-1812.

Opinion

Related

Cite This Page — Counsel Stack