Crawford v. Roberts
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was brought to recover the value of supplies alleged to have been furnished by the plaintiff to the bark Xconium. The bark was engaged in navigating the high seas, and San Francisco was her home port, and the defendant was a part owner, and the supplies were furnished at the home port.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. This action was brought to recover the value of supplies alleged to have been furnished by the plaintiff to the bark Xconium. The bark was engaged in navigating the high seas, and San Francisco was her home port, and the defendant was a part owner, and the supplies were furnished at the home port. The above facts were alleged in the complaint; and it was also alleged that the captain was authorized by the owners to make the purchases, and that after each purchase a bill of the same was rendered to the…
1Opinion of the Court
By the Court, McKinstry, J.:
The District Court had jurisdiction. The action is to recover the value of goods, wares and merchandise sold and delivered, and the plaintiff is pursuing his “common-law remedy.”
The master’s power is presumed, in the absence of evidence to the contrary, to extend to making contracts "for supplies in the home port, which shall bind the owners. (Provost v. Patchin, 9 N. Y. 239, and cases there cited.) Whatever the doctrine of the maritime law, by the analogies of the common law, the duties and relations of the master furnish presumptive evidence of his authority to…
2Cases cited1 opinion
- Provost v. . PatchinNew York Court of Appeals · 1853
3Cited by4 opinions
- Hooker v. East Riverside Irrigation DistrictCalifornia Court of Appeal · 1918
- Ransberry v. North American Transportation & Trading Co.Washington Supreme Court · 1900
- Duffy v. GleasonIndiana Court of Appeals · 1900
- Bode v. The TemplarDistrict Court, N.D. California · 1893