The Norman
District Court, E.D. Pennsylvania
Libel by the Consolidation Coal Company against the steam-ship Norman, to recover for 277 tons of coal furnished to the vessel in New York. The following facts appeared from the testimony: The Norman was a coasting steam-ship, owned by a Massachusetts corporation, composed of residents of Boston and Philadelphia, in one of which ports she was enrolled. In November, 1878, Murray, Ferris & Co., residing in New York, chartered her for a voyage to Nassau and other ports.
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Libel by the Consolidation Coal Company against the steam-ship Norman, to recover for 277 tons of coal furnished to the vessel in New York. The following facts appeared from the testimony: The Norman was a coasting steam-ship, owned by a Massachusetts corporation, composed of residents of Boston and Philadelphia, in one of which ports she was enrolled. In November, 1878, Murray, Ferris & Co., residing in New York, chartered her for a voyage to Nassau and other ports. By the terms of the charter the charterers agreed to pay all the expenses of victualling, manning, coaling, and running the…
1Opinion of the Court
Butler, D. J.
The ordinary maritime lien for supplies is based upon an implied hypothecation of the ship; and this implication is founded on the ship’s necessities and situation, — the need of supplies, and the absence from home, whore the owner is without credit. As the master represents the owner, with power to hypothecate, the law implies a hypothecation whenever supplies are purchased by him under such circumstances. He is known everywhere as the owner’s confidential agent. His character and position are, therefore, evidence of authority to represent the owner in all matters respecting the…
2Cited by2 opinions
- Harney v. The Sydney L. WrightDistrict Court, E.D. Virginia · 1883
- The William P. DonnellyDistrict Court, W.D. New York · 1907