Codwise v. Hacker
New York Supreme Court
This was an action on the case lor disobediencé of orders. *The plaintiffs were owners of a ship called the [*527] Young Eagle, of which they had given the command to the defendant, on a voyage from Hew York to Martinique, from thence to Hew Orleans, and in case nc freight should offer at the latter place for Hew York, then to proceed to the Havanna, and from that port home.
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This was an action on the case lor disobediencé of orders. *The plaintiffs were owners of a ship called the [*527] Young Eagle, of which they had given the command to the defendant, on a voyage from Hew York to Martinique, from thence to Hew Orleans, and in case nc freight should offer at the latter place for Hew York, then to proceed to the Havanna, and from that port home. In Martinique, the defendant was addressed to Messrs Hanoi & Co. with injunctions to consult them in what man ner to best promote the interest of the voyage, and to let their opinions have due weight. The letter of…
1Opinion of the CourtThompson, J.
This was an action on the case brought by the plaintiffs against the defendant, who was captain of a ship in their employ, for breach of orders.
On the part of the defendantit was alleged, that the instructions vested some discretionary powers in him; but that, admitting he had violated his instructions, still the plaintiffs have, by their conduct, adopted his acts, and thereby waived all claim to compensation. The general principles of law, as applicable to cases of this description, are not controverted. There can be no doubt but that a captain is responsible in damages to his owners for…
2Cases cited2 opinions
- Delafield v. StateNew York Supreme Court · 1841
- Vianna v. BarclayNew York Supreme Court · 1824
3Cited by4 opinions
- Green v. ClarkNew York Supreme Court · 1848
- The Kronprinzessin CecilieDistrict Court, D. Massachusetts · 1916
- Coyle v. City of BrooklynNew York Supreme Court · 1868
- McSwegan v. Pennsylvania RailroadNew York Supreme Court · 1896