Massachusetts Supreme Judicial Court, 1879

Thomas v. Knowles

Massachusetts Supreme Judicial Court · Decided November 3, 1879 · Gray

128 Mass. 22; 1879 Mass. LEXIS 160

Cases that cite this one

2 later published cases cite this decision.

Kinzer Construction Co. v. State (N.Y. Ct. Cl. 1910)
Dolan v. . Rodgers (N.Y. 1896)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Gray, C. J.

The stipulation, in the contract of sale of the vessel from the defendant to the plaintiff, that the defendant should, at the end of the voyage, “take her back” and “have her ” at a certain price, clearly contemplated that the plaintiff, when the voyage was ended, should deliver or tender a bill of sale of the vessel to the defendant. It being agreed that, at the time when the plaintiff tendered a bill of sale, the vessel had become a wreck, abandoned and sunk in the ocean, the plaintiff *25fails to show that she existed at that time in the character of a ship, as the contract required, and therefore cannot maintain this action. Barr v. Gibson, 3 M. & W. 390, 400. Wells v. Calnan, 107 Mass. 514. Judgment affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.