Cupisino v. Perez
Supreme Court of the United States
THIS was an action brought against the Defendant, owner of the Brig Santissima Trinidad, for money lent to the captain in the Havanna, who gave the plaintiff the following note: “ Received of S. Cupisino two hundred dollars for the victualling and expences of the brigantine, which sum I will pay at first sight, in the name of the owner Don Jos. de Auguire Perez, who is in Philadelphia; which cash receive, mortgaging the freight, the brigantine and her rigging, as the said…
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THIS was an action brought against the Defendant, owner of the Brig Santissima Trinidad, for money lent to the captain in the Havanna, who gave the plaintiff the following note: “ Received of S. Cupisino two hundred dollars for the victualling and expences of the brigantine, which sum I will pay at first sight, in the name of the owner Don Jos. de Auguire Perez, who is in Philadelphia; which cash receive, mortgaging the freight, the brigantine and her rigging, as the said Santiago has lent me the above sum, for the advantage of the vessel at Havanna, June 6th, 1788. (Signed) " Narisco Sanchez…
1Opinion of the Court
By the Court:
—It is clear that the captain can hypothecate his vessel only in case of necessity—such a necessity as this ; that if he did not take up the money, the voyage would be defeated, or at least retarded. This does not appear to have been the case in the present instance. But, in addition to that general rule, it is held, that the captain cannot hypothecate, while there are goods of his own, or of his owner on board. Now if there was no authority to hypothecate the vessel, how can it be pretended that he can make his owners personally liable ? Great mischiefs would ensue if the master…
2Cases cited1 opinion
- Stille v. LynchSupreme Court of the United States · 1792
3Cited by2 opinions
- Stille v. LynchSupreme Court of the United States · 1792
- Wainwright v. CrawfordSupreme Court of Pennsylvania · 1801