Callagan v. Hallett
New York Supreme Court
This was an action brought by the plaintiffs, who were pilots of the port of Hew-York, to recover five hundred dollars agreed to be paid to them by the defendants for bringing from Barnegat the brig Heptune, which had been there driven on shore.
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This was an action brought by the plaintiffs, who were pilots of the port of Hew-York, to recover five hundred dollars agreed to be paid to them by the defendants for bringing from Barnegat the brig Heptune, which had been there driven on shore. The declaration consisted of four counts: the first, an agreement with the captain on behalf of his owners; the second, on one with the owners themselves; the third, work and labor at the request of the defendants; the fourth,, a quantum meruerunt. Judgment had gone by default, but on the execution of the writ of inquiry, the defendants had come in…
1Per curiam
The defendant moves 'in arrest of judgment. The declaration states,
1. That the defendants were owners of the brig Neptune; that the brig, when at sea and bound for New-York, was in distress; that the plaintiffs contracted with the master to bring her safe into port for 500 dollars; that they brought her in accordingly.
2. The like against owners.
3. The usual counts on a quantum meruit.
Three questions are raised:
1st. Whether the action is maintainable on the first count, which involves two questions.
*1501. Could the master by such contract bind the owners ?
2. Was the contract lawful, the plaintiffs…
2Cited by10 opinions
- New England Fire & Marine Insurance v. RobinsonIndiana Supreme Court · 1865
- Hentsch v. PorterCalifornia Supreme Court · 1858
- Rayner v. ClarkNew York Supreme Court · 1850
- Temple v. BrooksAppellate Division of the Supreme Court of the State of New York · 1915
- Hall v. CostelloSupreme Court of New Hampshire · 1868
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