Lemon v. Walker

Decided November 15, 1812

Massachusetts Supreme Judicial Court · decided 1812-11-15

Assumpsit for services rendered. 1st count, Indebitatus according to the account annexed to the writ. 2d count, Quantum meruit. At the trial of the action, which was had upon the general issue, before Sewall, J., at the sittings here after the last November term; the plaintiff relied on the deposition of John Proctor; an objection to his competency as a witness in this cause having been overruled.

Good law ✅— No negative treatment on recordhow we know

Decided 1812-11-15

How this case has been cited

Cited by 8 later decisions — most recently November 1938

1 district · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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By the Court.

¶1Two 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, (a)

¶2Plaintiff nonsuit.

¶3 [Oxnard vs. Dean & Al., 10 Mass. Rep. 143. Afridson vs. Ladd, 12 Mass. Rep 173 -Ed]