General
Magruder's Trustee v. Bowie & Kurtz
2 D.C. 5772 Cranch 577·United States Circuit Court of the District of Columbia·1825
(Theuston, J., absent,)
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Magruder’s Trustee v. Bowie & Kurtz.
' Part-owners of a ship are not joint partners; each may maintain a separate action. against the ship’s husband for his proportion of the freight; and it is no objection that the ship’s husband is one of the part-owners.
Assumpsit for one fourth part of the freight earned by the ship Alleghany, of which Magruder owned one fourth, Thomas Peter one eighth, George Peter one eighth, and the defendants one half.
Mr. Marbury, for the defendants,
contends that this is a partnership ; and that one partner cannot sue another at law. The reasons applicable to general partnerships apply to this case as between these parties.
[MAJORITY — The Court]
The Court
(Theuston, J., absent,)
stopped Mr. Key and Mr. Dunlop, in reply, and said that part-owners of a ship are not joint partners; each may maintain a separate action, against the ship’s husband, for his proportion of the freight; and that it was no objection that the ship’s husband was one of the part-owners; as their interests were separate, and not joint.
Verdict for the plaintiff, $929.58, with interest from 1821.