McCready v. Thorne
New York Supreme Court
THE plaintiffs, who were ship brokers in the city of New York, in the latter part of 1855, advanced certain cash to the captain of the schooner “ Susan Orleans,” then lying in the port, to enable him to pay the port charges of his vessel ; and they also, paid sundry bills against the vessel, and rendered personal services for said vessel, at the captain’s request.
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THE plaintiffs, who were ship brokers in the city of New York, in the latter part of 1855, advanced certain cash to the captain of the schooner “ Susan Orleans,” then lying in the port, to enable him to pay the port charges of his vessel ; and they also, paid sundry bills against the vessel, and rendered personal services for said vessel, at the captain’s request. The “ Susan Orleans” was at that time owned by the defendants, one of whom, Charles E. Thorne, who lived in New York, was the ship’s husband; the other owners residing in New Jersey. The indebtedness .to the plaintiffs was incurred…
1Opinion of the Court
By the Court, Leonard, P. J.
It appears- from the evidence, that Capt. Oathcart run the schooner Susan Orleans on shares with the defendants, who were the owners, but the plaintiffs were ignorant of the' arrangement. The referee has so found the facts. The defendant Thorne made this agreement with Oapt. Oathcart,- acting for himself and *440the other two defendants, who were also part owners, and resided in .the interior, at some distance from the port of ¡New York, where the vessel lay and Mr. Thorne resided. The . other owners expressed no dissent to this employment of the vessel, and they are…
2Cited by2 opinions
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Oldman-Magee Boiler Works, Inc. v. Ocean & Inland Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1924