Babcock v. Terry
Massachusetts Supreme Judicial Court
Bill in equity filed by the master, who was also part owner, of the whale ship Lydia, against the other owners, alleging that he rendered service as master of the ship during a voyage from and to Fairhaven, from May 1860, to May 1864, under an agreement with Messrs.
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Bill in equity filed by the master, who was also part owner, of the whale ship Lydia, against the other owners, alleging that he rendered service as master of the ship during a voyage from and to Fairhaven, from May 1860, to May 1864, under an agreement with Messrs. Jenney & Tripp, as the agents of the owners, that he should receive as compensation certain lays or gross shares in the proceeds of the voyage, and be indemnified for all expenses which he might incur growing out of the maintenance of discipline on board; that the respondent Terry, as agent of the owners, took possession of the…
1Opinion of the CourtHoar, J.
1. A contract by the owners of a vessel to indemnify the master for assaults and batteries committed on the crew under the name of “ chastisement ” would be an illegal contract, not to be enforced by a court of justice. But a contract to compensate him for legal expenses which he might incur in groundless suits and prosecutions against him, for “ chastisement of the crew ” within proper limits, and in the lawful maintenance of the discipline of the ship, is a lawful and just contract, and may be enforced. As no presumption can exist that the defendants intended to make a contract contrary to…
2Cases cited1 opinion
- The PacketU.S. Circuit Court for the District of Massachusetts · 1823
3Cited by6 opinions
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- Gast v. GoldenbergMassachusetts Supreme Judicial Court · 1932
- Stanwood v. FlaggMassachusetts Supreme Judicial Court · 1867
- Wortham v. Beaver-Lois MillsCourt of Appeals of Georgia · 1944
- C. F. Jewett Publishing Co. v. ButlerMassachusetts Supreme Judicial Court · 1893
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