The Henry
District Court, S.D. New York
This was a possessory action. The libel-lants were owners of the brig Henry, and, in April, 1832, despatched her to Matamoros, in Mexico, with Daniel Moss as master, and Jason St. John as supercargo and agent, giving a power of attorney to St. John “to employ the vessel, or to make sale of her, in the name, place and stead of the libellants, in case a fair price could be obtained.”
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This was a possessory action. The libel-lants were owners of the brig Henry, and, in April, 1832, despatched her to Matamoros, in Mexico, with Daniel Moss as master, and Jason St. John as supercargo and agent, giving a power of attorney to St. John “to employ the vessel, or to make sale of her, in the name, place and stead of the libellants, in case a fair price could be obtained.” Moss was unable, from sickness, to return with the vessel, and one Titterton was substituted as master in his place. In getting out of the harbor of Matamoros the vessel ran ashore and was stranded upon a…
1Opinion of the Court
BETTS, District Judge.
The libellants in this case produce a complete documentary title in themselves to the brig Henry, which entitles them to prevail, unless the claimants can show a paramount title out of them, or derive one through them. The title of the claimants rests upon a sale of the vessel, by the master, in the port of Matamoros, and it devolves on them to éstablish the validity of the sale, and the sufficiency of their title under it. The master of a vessel has complete authority in every thing relating to the management and conduct of his vessel; but it is apparent that no general…
2Cases cited4 opinions
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1814
- Platt v. HibbardNew York Supreme Court · 1827
- Center v. American InsuranceNew York Supreme Court · 1827