James v. Bixby
Massachusetts Supreme Judicial Court
Assumpsit for 423 dollars 4 cents, for sundry repairs done upon the ship William Tell by the plaintiff, who is a rigger, residing in the city of New York. At the trial of the action, which was had upon the general issue before Parker, J., at the last November term in this county, the plaintiff, to maintain the issue on his part, proved that, m [ * 35 ] December, 1810, he was employed by Messrs. * John W. &f Gilbert Russell, who were the agents of the owners oJ the ship.
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Assumpsit for 423 dollars 4 cents, for sundry repairs done upon the ship William Tell by the plaintiff, who is a rigger, residing in the city of New York. At the trial of the action, which was had upon the general issue before Parker, J., at the last November term in this county, the plaintiff, to maintain the issue on his part, proved that, m [ * 35 ] December, 1810, he was employed by Messrs. * John W. &f Gilbert Russell, who were the agents of the owners oJ the ship. It was shown, likewise, that the defendants were at the time, and for some time afterwards, owners of the ship. The…
1Opinion of the CourtParker, J.
The general principle that the owners of a ship are accountable for necessary repairs done upon her is well established, and the only question is as to the application of the principle in the case at bar. Owners are held accountable on two grounds. The first is when the repairs are made at the request of the master, who carries with him authority from the owners to contract for labor and supplies, which may be necessary to the safe prosecution of the voyage. For this purpose he may hypothecate the vessel in a for eign port; and having power to hypothecate, he may bind [ * 37 ] * the owners…
2Cases cited9 opinions
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