Negus v. Simpson
Massachusetts Supreme Judicial Court
Contract for the value and hire of a chronometer. Writ dated December 15,1866. The principal count of the declaration was as follows: “ And the plaintiffs say that the defendant made a certain contract in writing with the plaintiffs, a copy of which is as follows, namely: ‘ New York, November 20,1861. Received of T. S. Negus & Co., on account of vessel and owners, a chronometer, Name Negus, No. 1166, Value two hundred and forty dollars, on hire, for the use of which we…
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Contract for the value and hire of a chronometer. Writ dated December 15,1866. The principal count of the declaration was as follows: “ And the plaintiffs say that the defendant made a certain contract in writing with the plaintiffs, a copy of which is as follows, namely: ‘ New York, November 20,1861. Received of T. S. Negus & Co., on account of vessel and owners, a chronometer, Name Negus, No. 1166, Value two hundred and forty dollars, on hire, for the use of which we jointly and severally promise to pay to them at and after the rate of six dollars per month until the said chronometer shall…
1Opinion of the CourtColt, J.
The form in which the contract with the plaintiffs is drawn and subscribed in this case does not make it the personal obligation of the master alone. In writings of this description, the intention as gathered from the whole instrument controls. They are not governed by the strict rule, applicable only to sealed instruments and negotiable paper, which requires the signature to be in the name of the principal. Met. Con. 106. Barlow v. Congregational Society in Lee, 8 Allen, 460.
The authority of the master in a foreign port to make such a contract is well established, if the article procured is…
2Cited by5 opinions
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