Costa v. Gorton-Pew Vessels Co.

The captain of a fishing vessel owned by the defendant bought of the plaintiff, a dealer in fishermen’s outfits and supplies, fishing gear to replace lost and condemned gear, which was delivered on board the ship. The question for decision is, whether the defendant is responsible for the amount of the purchase. While there is no evidence, and no claim is made, of any express authority given by the defendant, it is contended that the captain “had an implied authority to bind the owners arising from custom and the situation.”

The vessel sailed on what is called the one fifth Provincetown lay…