Smith names the case Oulton v Waldo and Savage, but the original record he cites (Massachusetts Superior Court of Judicature Judgment [recte Record] Book, 1715–1717, f.158[r–v]) clearly names the case as “John Oulton & Cornelius Waldo both of Boston in the County of Suffolk Merchants three quarter part Owners of the Ship Province Galley, Appellants [v] Captain Arthur Savage now or late Comander of the said Ship Province Galley of Boston aforesaid Mariner, Appellee.” The action, originally brought in an Inferior Court in July of 1716, charged Savage with having violated Oulton and Waldo’s orders with regard to a shipment of fish from Massachusetts to Portugal or Spain, with the result that they were damaged to the sum of £1,052 9s. The original jury found for Oulton and Waldo in the amount of £360. Oulton and Savage appealed to the Superior Court, and a second jury found entirely for Savage, who was awarded costs of £4 8s. 2d. A note in the margin states that on 3 December 1716, Savage acknowledged that this judgment (presumably for costs) was satisfied. Oulton and Waldo prayed leave to appeal to the Privy Council, and the record states: “The Court are of Opinion that an Appeal doth not ly in this Action.” Why they were of this opinion is perhaps indicated by the Privy Council’s dismissal of the appeal: Further review in the colony was available by way of writ of review. Compare the procedure followed half a century later in Apthorpe v Pateshall (05_1768_00, APC, v.5 [56] p.122).

Charles Donahue, Jr.