Thorn & Thorn v. Hicks
New York Supreme Court
Case against the defendant, as owner of the sloop Factor, for certain bales or bundles of pressed hay, shipped on board the sloop to be conveyed from Hudson to Hew ^ x ork; but which were consumed by fire; tried at the ■Columbia circuit, September 26th, 1826, before Duer, C. Judge. At the trial, a bill of exceptions was taken by the defendant; on which a motion was now made, in his behalf, for a new trial.
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Case against the defendant, as owner of the sloop Factor, for certain bales or bundles of pressed hay, shipped on board the sloop to be conveyed from Hudson to Hew ^ x ork; but which were consumed by fire; tried at the ■Columbia circuit, September 26th, 1826, before Duer, C. Judge. At the trial, a bill of exceptions was taken by the defendant; on which a motion was now made, in his behalf, for a new trial. The bill presented this case: The question at the trial was, whether the defendant was owner at the time of the shipment, which was on 27th of March, 1822. ' On the 10th of January, 1821,…
1Opinion of the Court
Curia, per Sutherland, J.
The mere circumstance of the naked legal title to the vessel remaining in Hicks and his associates, to secure the purchase money for which she had been sold, unquestionably would not render them liable as owners, on the contracts of the master, or for the consequences of his negligence and unskilfulness. This precise point was settled in Wendover & Hinton v. Hogeboom and others, (7 John. 308,) and in Leonard & M’Cartee v. Huntington, (15 John. 298.) In the first case, the action was brought against the defendants as owners of a vessel called The Convention, for sails…
2Cases cited7 opinions
- Leonard & M'Cartee v. HuntingtonNew York Supreme Court · 1818
- Reynolds v. ToppanMassachusetts Supreme Judicial Court · 1819
- Wendover & Hinton v. HogeboomNew York Supreme Court · 1810
- M'Intyre & Bradford v. ScottNew York Supreme Court · 1811
- Walter v. BrewerMassachusetts Supreme Judicial Court · 1814
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- Scull v. RaymondDistrict Court, S.D. New York · 1883
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
6 more not listed; retrieve them via the Exa API.