Reynolds v. Toppan
Massachusetts Supreme Judicial Court
Case against the defendant, as owner of the schooner Margaret, for not delivering to the plaintiff one hundred barrels of flour received on board the said schooner by the defendant, at Philadelphia, and which he undertook to deliver to the plaintiff at New York, the dangers of the seas only excepted.
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Case against the defendant, as owner of the schooner Margaret, for not delivering to the plaintiff one hundred barrels of flour received on board the said schooner by the defendant, at Philadelphia, and which he undertook to deliver to the plaintiff at New York, the dangers of the seas only excepted. The action was submitted to the decision of the Court, upon the following facts agreed : — On the 15th of May, 1817, the defendant was sole owner of the said schooner; and on the same day entered into an * agreement under seal with one William, Marshall, whereby he let and chartered the said…
1Opinion of the CourtPutnam, J.
The plaintiff, having produced a regular bill of lading, signed by the master of the vessel, relies upon the general rule that the owner is answerable for the faithful performance of the contract.
This rule must be taken with its qualifications. It is not enough to prove that the vessel was owned by the defendant. It must appear, also, that she was in his employment. It must likewise be proved that the master was appointed by the owner, and acted within the scope of his authority ; for no one is answerable for the unauthorized acts and doings of another.
It is true that the title to this vessel…
2Cases cited1 opinion
- M'Intire v. BowneNew York Supreme Court · 1806
3Cited by23 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Green v. ClarkNew York Supreme Court · 1848
- Thorn & Thorn v. HicksNew York Supreme Court · 1827
- Nelson v. Western Steam Navigation Co.Washington Supreme Court · 1909
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