Durando v. New York & Norwalk Steam-Boat Co.
City of New York Municipal Court
Appeal from trial term. Action by William P. Durando against the New York & Norwalk Steamboat Company to recover for meat furnished by him and delivered on board of the steam-boats, City of Albany and City of Norwalk, belonging to the defendant, (a corporation,) and plying between the city of New York and Nor-walk, Conn. The former was a passenger and the latter a freight boat.
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Appeal from trial term. Action by William P. Durando against the New York & Norwalk Steamboat Company to recover for meat furnished by him and delivered on board of the steam-boats, City of Albany and City of Norwalk, belonging to the defendant, (a corporation,) and plying between the city of New York and Nor-walk, Conn. The former was a passenger and the latter a freight boat. The meat furnished was not ordered by the defendant or by the master of either boat, but by one Louis J. Adams, a colored man, who acted as steward or cook of the boats. The arrangement between Adams and the defendant…
1Opinion of the Court
McAdam, O. J.
Eor the purpose of maritime liens and the like, a vessel is treated as a legal entity, and demands are at times enforced against it for which the owner could not be charged in personam. The present action is in the latter form against the defendant as owner, and as it neither ordered the supplies, nor appropriated them to its own use after they were ordered, it •cannot be held liable to the plaintiff, except upon the familiar principles of the law of agency. The plaintiff proved that Adams, who ordered the beef from the plaintiff, was steward or cook of the two steamers, and that…
2Cases cited8 opinions
- Provost v. . PatchinNew York Court of Appeals · 1853
- Pendleton v. . FranklinNew York Court of Appeals · 1852
- Ford v. CrockerNew York Supreme Court · 1866
- Flanders v. MerrittNew York Supreme Court · 1848
- The MetropolisDistrict Court, S.D. New York · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nelligan v. The IdlehourCourt of Appeals for the Second Circuit · 1897