Tomlinson v. Holt
California Supreme Court
Appeal from the District Court, Eighth Judicial District, County of Humboldt. The defendant was the registered owner of the schooner “ Spud,” engaged in carrying freight from Hookton to Eureka, Humbold County. A short time before-the 3d day of November, 1872, he made a verbal agreement with H. S. Soule, by which the latter was to sail the schooner as master, and victual and man her, and give Holt, the owner, one third of the gross earnings.
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Appeal from the District Court, Eighth Judicial District, County of Humboldt. The defendant was the registered owner of the schooner “ Spud,” engaged in carrying freight from Hookton to Eureka, Humbold County. A short time before-the 3d day of November, 1872, he made a verbal agreement with H. S. Soule, by which the latter was to sail the schooner as master, and victual and man her, and give Holt, the owner, one third of the gross earnings. Soule had not sailed the “Spud” within two years before the contract was made. On said 2d day of November, the pi lintiff shipped on the schooner, at…
1Opinion of the Court
By the Court, McKinstry, J.:
In The Oakland Cotton Manufacturing Company v. Jennings (46 Cal. 175), it was held that if the registered owner of a vessel appoints her master, with an agreement that the master shall have the entire control of the vessel, and victual and man her, and make contracts of affreightment, and divide the gross earnings with the owner, the owner is liable on contracts of affreightment made by the master with shippers who have no notice of the arrangement between the master and the owner.
No substantial difference has been pointed out between the agreement attempted to be…
2Cases cited1 opinion
- Oakland Cotton Manufacturing Co. v. JenningsCalifornia Supreme Court · 1873