Russell v. Frisbie
Supreme Court of Connecticut
This was an action on the case, for the non-delivery of -certain lumber and shingles, which were, by the plaintiffs, put on board the brig Energy, Major R. Frisbie, master, owned by the defendant, at the port of Wilmington, in North-Carolina, to be transported to Point a Petre, in the island of Gauda loupe, and there delivered to Jules Fluriot, the consignee of the plaintiffs.
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This was an action on the case, for the non-delivery of -certain lumber and shingles, which were, by the plaintiffs, put on board the brig Energy, Major R. Frisbie, master, owned by the defendant, at the port of Wilmington, in North-Carolina, to be transported to Point a Petre, in the island of Gauda loupe, and there delivered to Jules Fluriot, the consignee of the plaintiffs. The cause was tried at New-Haven, January term, 1848, before Hinman, J. To prove that the defendant was the owner, and Major R. Frisbie the master, of said brig, the plaintiffs read in evidence the register of that…
1Opinion of the CourtHinman, J.
The defendant’s liability, in this case, depended *209was the master upon whether his brother, Major R. Frisbie, of his brig, the Energy, and was sailing her with his consent,, at the time he took on board the plaintiff’s lumber ; or, whether he had run away with the vessel, and was sailing her without any authority from the owner. The defendant claimed, that becoming dissatisfied with the conduct of his brother, he took from him, and from on board the brig, the papers which had constituted him the master, and which alone authorized him to sail the vessel, and revoked his authority as master ;…
2Cited by5 opinions
- Stirling v. BuckinghamSupreme Court of Connecticut · 1878
- Baker v. KellyMississippi Supreme Court · 1868
- Pinney v. JonesSupreme Court of Connecticut · 1894
- State v. CarltonSupreme Court of Vermont · 1876
- Kent v. GinterIndiana Supreme Court · 1864