Daly v. Mouroe

McAdam, Ch. J.

While it is true, that the master of a vessel, as general agent of the owners, has authority in the home port to bind them by his contract for necessaries (9 N. Y. 235; 48 Barb. 144, 145). the evidence shows that Captain Towns was not appointed master until after the claim in suit had been contracted, so that the principle invoked has no application. The further theory that Towns acted as the agent of the defendant, and that the latter is liable as an undisclosed principal, is inapplicable, because the defendant, in ignorance of the assumed agency, and under the belief that…