Starr v. Knox
Supreme Court of Connecticut
THIS was an action of book debt, for articles furnished in New-York, in the summer of 1811, as necessaries and outfits of the brig Neptune, bound on a voyage to New-Orleans, and for advances for the repairs of that vessel, made in New-Orleans, in the autumn of the same year. The defendant pleaded nil debet. The cause was tried at Middletown, December term, 1816, before Trumbull, Hosmer and Gould, Js.
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THIS was an action of book debt, for articles furnished in New-York, in the summer of 1811, as necessaries and outfits of the brig Neptune, bound on a voyage to New-Orleans, and for advances for the repairs of that vessel, made in New-Orleans, in the autumn of the same year. The defendant pleaded nil debet. The cause was tried at Middletown, December term, 1816, before Trumbull, Hosmer and Gould, Js. On the trial, the plaintiffs, having proved their account;, gav(! in evidence the register of the vessel, in the name of the defendant, at Middletown, on the 8lh of August 1808, and the following…
1Opinion of the Court
Swift. Oh. J.
It is clear, that the register is not conclusive evidence of the ownership of a vessel : and this is a reasonable rule ; for there may be cases where it would be *221advantageous to commercial men that vessels should be transferred on a voyage, when the register cannot be exchanged.
It is a general rule, that the owners of vessels are liable for necessary disbursements in repairs and supplies, procured by the master, during a voyage. Though, in some instances, *222this may bear hard on the master, as where he lias chartered the vessel ; yetis for the advantage of ship-owners that this…
2Cases cited2 opinions
- President of the Portland Bank v. StubbsMassachusetts Supreme Judicial Court · 1810
- Hussey v. AllenMassachusetts Supreme Judicial Court · 1809
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- Patten v. SmithSupreme Court of Connecticut · 1824
- Pitney v. Glens Falls InsuranceNew York Supreme Court · 1871
- Lochte & Cordes v. GéléLouisiana Court of Appeal · 1881
- Dugan v. PentzDistrict Court, D. Maryland · 1869