Wainwright v. Crawford
Supreme Court of Pennsylvania
This was an action on the ease, brought by foreign merchants, against the defendant, to recover the amount of money lent to the master, to pay for disbursements in repairing and supplying his ship in a foreign port.
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This was an action on the ease, brought by foreign merchants, against the defendant, to recover the amount of money lent to the master, to pay for disbursements in repairing and supplying his ship in a foreign port. It was proved, by the evidence of the master, that he had no funds belonging to his owner, or to himself; and that he borrowed the money from the plaintiffs, to make the necessary repairs of the ship, for the prosecution of her voyage. observed, that the power of the master of a ship, extended no further, than to authorize him to hypothecate the ship herself, in a foreign port,…
1Opinion of the Court
Shipper, Chief Justice.
— If the jury are satisfied (and the evidence is strong upon the point) that there was an actual necessity for borrowing the money, to repair the ship, the plaintiffs ought to recover. The lender i? bound, it is true, to make due inquiry, whether the repairs a,re necessary ; and whether the master has effects in his hands, sufficient to defray the expense of repairing, without resorting to a loan : but he is not bound to know, nor to inquire, what is the state of the accounts between the owner and the master. If, therefore, the case of necessity existed; and the…
2Cases cited1 opinion
- Cupisino v. PerezSupreme Court of the United States · 1792
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