Williams v. Nichols
New York Supreme Court
Error from the superior court of the city of New York. Williams sued Nichols and Perry in the marine court of the city of New York, and declared against them, for that he had shipped 100 dozen brooms on board a schooner belonging to the defendants, to be carried from New York to Richmond, at the freight of ~¡ per dozen, and that the defendants had not delivered the brooms to the plaintiff or his consignee, or returned the same.
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Error from the superior court of the city of New York. Williams sued Nichols and Perry in the marine court of the city of New York, and declared against them, for that he had shipped 100 dozen brooms on board a schooner belonging to the defendants, to be carried from New York to Richmond, at the freight of ~¡ per dozen, and that the defendants had not delivered the brooms to the plaintiff or his consignee, or returned the same. The declaration also contained a second count, setting forth a promise of the defendants to carry the brooms safely to Richmond, and there deliver them to one Captain…
1Opinion of the Court
*60 By the court,
Savage, Ch. J.
The only question of law in the case is, whether the owners of the vessel are responsible for the acts of the master as consignee of the goods. The plaintiff contends that the defendants were bound to see that Captain Aveiy made sales and returns to him. The defendants insist that the captain acted in two capacities—one as servant of the ship owners, the other as consignee of the goods—and that for his acts in the latter capacity they are not responsible.
The general rule undoubtedly is, that the owners are bound by every lawful contract made by the master relative…
2Cases cited1 opinion
- Kendrick v. DelafieldNew York Supreme Court · 1804
3Cited by4 opinions
- Stone v. WaittSupreme Judicial Court of Maine · 1850
- The New HampshireDistrict Court, E.D. Michigan · 1880
- The WaldoDistrict Court, D. Maine · 1841
- Herbert v. The James LeakmanDistrict Court, S.D. New York · 1851