Stedman v. . Feidler
New York Court of Appeals
Appeal from the Supreme Court. Action to recover for supplies furnished by the plaintiffs, at Cleveland, in the State of Ohio, to the steamboat De Witt Clinton, on the order of defendant Wing, part owner and master. The facts, as found by the referee who heard the cause, were substantially as follows: Eli Hart died, intestate, December 31, 1845, the owner of one-seventh of the boat.
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Appeal from the Supreme Court. Action to recover for supplies furnished by the plaintiffs, at Cleveland, in the State of Ohio, to the steamboat De Witt Clinton, on the order of defendant Wing, part owner and master. The facts, as found by the referee who heard the cause, were substantially as follows: Eli Hart died, intestate, December 31, 1845, the owner of one-seventh of the boat. The defendant Wing, at the time the supplies were furnished for which the action was brought, was the owner of the other six-sevenths. The defendant Feidler, on the 3d day of February, 1846, was appointed…
1Opinion of the CourtAllen, J.
There is no doubt, that as a general rule; in case of ships or boats, one part owner may bind the other for necessary supplies furnished on credit, and so also the master may bind the owners.
“ In case of part owners of ships,” says Story in his treatise on Agency, section 40, “There is some peculiarity in the law, growing out of the necessary adaptations of it to the exigencies and conveniences of commerce. Part owners of ships are tenants in common, holding distinct but undivided interests, and each is deemed the agent of the others, as to the ordinary repairs, employments and business of…
2Cases cited3 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- Alsop v. MatherSupreme Court of Connecticut · 1831
- King v. LowryNew York Supreme Court · 1855
3Cited by13 opinions
- Scull v. RaymondDistrict Court, S.D. New York · 1883
- McCready v. . ThornNew York Court of Appeals · 1873
- Gum v. FrostDistrict Court, S.D. New York · 1880
- Borland v. ZittlosenDistrict Court, S.D. New York · 1886
- Helme v. BuckelewAppellate Division of the Supreme Court of the State of New York · 1920
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