Duff v. Bayard
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. Edward Duff against George A. Bayard, John Freeman, and Alexander Miller, trading under the firm of Freeman & Miller, and Thomas K. Litch and David Cinnamon, trading under the firm of Litch & Cinnamon, owners of the steamboat “ General Brady.”
Read the full summary
ERROR to the District Court of Allegheny county. Edward Duff against George A. Bayard, John Freeman, and Alexander Miller, trading under the firm of Freeman & Miller, and Thomas K. Litch and David Cinnamon, trading under the firm of Litch & Cinnamon, owners of the steamboat “ General Brady.” This was an action on the case in assumpsit to recover the amount of an account for supplies furnished for the steamboat “ General Brady,” and the only question in the cause was whether the defendants were such owners as made them liable for the supplies furnished by order of the captain. It appeared that…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
— That the owners of a vessel are liable for supplies or necessaries furnished for her use by the orders of the master, where no other person has been expressly credited, is a principle long established. But who is such owner in any given case, is a question on which there are to be found contradictory cases and fluctuating opinions in the reports. The later decisions seem however to agree that one having the legal title only, without any interference in the management of the ship, or any right to receive her freight or earnings, is not…
2Cases cited1 opinion
- Berry v. M'MullenSupreme Court of Pennsylvania · 1827
3Cited by2 opinions
- Davidson v. BaldwinCourt of Appeals for the Sixth Circuit · 1897
- Dugan v. PentzDistrict Court, D. Maryland · 1869