Hewett v. Buck
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Redington J. presiding. This was an action of assumpsit against Charles Buck, Cornelius Kidder, Paul B. Barker, Freeman Weeks and Otis Small, for four hundred and twenty-five casks of lime.
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Exceptions from the Court of Common Pleas, Redington J. presiding. This was an action of assumpsit against Charles Buck, Cornelius Kidder, Paul B. Barker, Freeman Weeks and Otis Small, for four hundred and twenty-five casks of lime. The two first named defendants were copartners, doing business under the firm of Buck &f Kidder, the third and fourth named defendants were copartners under the firm of Barker &f Weeks, and with Small were joint owners of the sloop Casar, Buck &f Kidder were ships husband, or the owners managing for themselves and the other owners. Jeremiah Witham at the time of…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The master may bind the owners by his contracts relating to the usual employment of the vessel in the carriage of goods, but has no power as such to purchase a cargo on their account. 4 Greenl. 264 ; 8 Greenl. 356; 14 Maine R. 183.
If the owners have permitted the master to purchase on their account, or have ratified such acts, when they became known to them, they would by such a course of dealing hold him out as their agent authorized to purchase, and they would be bound by his acts. But the shopkeepers in a village might as well undertake to set up a…
2Cited by3 opinions
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Black v. ChaseSupreme Court of Iowa · 1909
- The Edwin v. Naumkeag Steam Cotton Co.U.S. Circuit Court for the District of Massachusetts · 1859