Lyman v. Redman
Supreme Judicial Court of Maine
Assumpsit against John R. Redman, Joseph Walker and Benjamin Rea, as the owners of the schooner Clio of Brooks-ville, to recover the value of 192 tons of plaster, purchased by the master of the plaintiff at Lubec, and taken on board the Clio, and as the master, Otis Roberts, who was a witness, on being released, stated, “ on the security or credit of vessel and owners, as is usual in such transactions.”
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Assumpsit against John R. Redman, Joseph Walker and Benjamin Rea, as the owners of the schooner Clio of Brooks-ville, to recover the value of 192 tons of plaster, purchased by the master of the plaintiff at Lubec, and taken on board the Clio, and as the master, Otis Roberts, who was a witness, on being released, stated, “ on the security or credit of vessel and owners, as is usual in such transactions.” Roberts went with the vessel and cargo to Brooksville, where he was dismissed by the owners as master, and Darby, the mate, made master. The Clio proceeded with the cargo to Philadelphia in…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
To charge the defendants in this action, it is not necessary to show, that they were the registered owners or the actual owners of the schooner Clio. A bill of sale, or other instrument in writing, is not essential to the transfer of a ship more than for any other chattel; but ownership may be proved by parol. Actual possession by the party in whom the interest is alleged to be, and acts of ownership by him, are in cases of vessels, as with other personal property, presumptive evidence of title. The papers at- the custom house showed Erastus…
2Cited by4 opinions
- The Ole OlesonDistrict Court, E.D. Wisconsin · 1884
- Swift v. TatnerSupreme Court of Georgia · 1892
- Peters v. RohrmanDistrict Court, D. New Jersey · 1921
- CASALE v. ECOLAB INCDistrict Court, D. Maine · 2022