Rich v. Jordan
Massachusetts Supreme Judicial Court
Contract, against the general owner of the schooner James A. Garfield, for bait furnished and delivered to the master. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material portions of which are as follows.
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Contract, against the general owner of the schooner James A. Garfield, for bait furnished and delivered to the master. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, upon agreed facts, the material portions of which are as follows. The goods were ordered of the plaintiff by Samuel Bartell, the master; and the plaintiff, supposing that the master was acting as agent of the owners, delivered the goods, and charged them on his books to the schooner and her owners. The master and other members of the crew on the one part, and the…
1Opinion of the CourtLathrop, J.
Under the contract of charter made between the owner of the vessel and Bartlett and others, the latter became the owners of the vessel pro hae vice, and had the entire control and management of her for six months, subject to the right of the general owner to cancel and terminate the charter-party by taking possession of the vessel at any time wherever the vessel might be found. While Bartlett and his associates remained in control, none of them had any authority to bind the general owner for bait, or was for this purpose the agent of the general owner. Urann v. Fletcher, 1 Gray, 125. Baker v.…
2Cited by7 opinions
- Larson v. Lewis-Simas-Jones Co.California Court of Appeal · 1938
- Paine v. SilvaMassachusetts Supreme Judicial Court · 1897
- The Francis J. O'Hara, Jr.District Court, D. Massachusetts · 1915
- Costa v. Gorton-Pew Vessels Co.Massachusetts Supreme Judicial Court · 1922
- The Carrier DoveDistrict Court, D. Massachusetts · 1899
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