27 Conn. 355 | Conn. | 1858
We are of the opinion that the bill in this case is insufficient. It is brought by a major part of the owners of a vessel against the other part owners who are in the possession of it, and prays, first, for an account from the defendants, and secondly, that they may be compelled, by injunction, to deliver the vessel specifically to the plaintiffs.
In regard to the claim for an account, there is no doubt that if there were a matter of account between these parties growing out of the use, by any of them, of the vessel owned
As to the other relief sought in this case, an injunction directing the defendants specifically to deliver to the plaintiffs the possession of the vessel in question, the bill is obnoxious to the same general objection which has just been pointed out in respect to it as a bill for an account. It alleges no facts upon which such relief should be granted, whether it is sought in a court of equity or admiralty.
It is a general principle of the common law, that, where
But it is claimed that in accordance with the rules which prevail in the court of admiralty, a court of equity should direct the vessel to be delivered to the plaintiffs, and that the jurisdiction of these courts on this subject is concurrent. It is settled as a principle of maritime law, which will be enforced in a court of admiralty, on the ground of national policy and in favor of commerce, in respect to that particular species of personal property which consists of ships and vessels, where they are owned by several persons, that, irrespective of the fact that they are in the possession of all or only a part of the joint owners, a majority of the owners in value have a right to employ them, even against the will of the minority, on giving a stipulation to the dissenting owners for their safe return, if required to do so by the latter on a proper application to the admiralty; and that if the majority decline to employ them, the minority of the owners may employ them in like manner; and that, in these cases, a court of admiralty will, if necessary, compel the dissenting part owners, if they are in possession of the ship, to yield the property to
It hence becomes unnecessary to determine the question
There is no error in the judgment complained of.
In this opinion the other judges concurred.
Judgment affirmed.