Provost v. . Patchin
New York Court of Appeals
This action was brought in the recorder’s court of the city of Buffalo, in May, 1849, and was tried before a referee. It appeared upon the trial that the defendant, a resident of Buffalo, was during the year 1848 owner of one-half of the schooner “ Billow,” and in possession thereof. . That the plaintiff was during the same time a saihnaker doing business in Buffalo; and that at several times between the 16th of February and the 24th of April, 1848, the plaintiff, at the…
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This action was brought in the recorder’s court of the city of Buffalo, in May, 1849, and was tried before a referee. It appeared upon the trial that the defendant, a resident of Buffalo, was during the year 1848 owner of one-half of the schooner “ Billow,” and in possession thereof. . That the plaintiff was during the same time a saihnaker doing business in Buffalo; and that at several times between the 16th of February and the 24th of April, 1848, the plaintiff, at the request of one Mann, who was master of the schooner Billow, -made repairs and furnished sails and rigging for use upon the…
1Opinion of the CourtMason, J.
There can be no doubt of the defendant’s liability -for the repairs upon this vessel, upon the facts appearing in this case. The master of the ship has an incidental authority to hire seamen for the voyage, and to contract for necessary repairs and equipments for the voyage. (Story on Agency,§§ 1 16, 297; Abbott on Shipping, 101, 91 to 132; 1 Bell’s Com., 413 ; 11 Mass., 34; 15 Mass., 477 ; 1 Cow., 290; 7 John., 311; 16 John., 89; 1 Term R., 108; 2 Camp., 339; 4 B. & Ald., 352.) These sails, figging and repairs were placed upon this vessel in the port where the defendant resided, by the…
2Cases cited5 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Marquand v. WebbNew York Supreme Court · 1819
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- Flanders v. MerrittNew York Supreme Court · 1848
3Cited by9 opinions
- McCready v. . ThornNew York Court of Appeals · 1873
- Crawford v. RobertsCalifornia Supreme Court · 1875
- Ford v. CrockerNew York Supreme Court · 1866
- Oldman-Magee Boiler Works, Inc. v. Ocean & Inland Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Bode v. The TemplarDistrict Court, N.D. California · 1893
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