Arayo v. Currel
Supreme Court of Louisiana
Appeal from the court of the first district. The petition set forth that the plaintiff and child, with a number of other proscribed Spaniards, embarked at the port of Vera Cruz, on board the ship Belle for Havana, of which ship McKown was master and the defendant owner: that, after being out about thirty days, the ship grounded near the mouth of Rio de Lagarte, on the coast of Yucatan: that the captain told the passengers, with the exception of twenty, to go ashore for the…
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Appeal from the court of the first district. The petition set forth that the plaintiff and child, with a number of other proscribed Spaniards, embarked at the port of Vera Cruz, on board the ship Belle for Havana, of which ship McKown was master and the defendant owner: that, after being out about thirty days, the ship grounded near the mouth of Rio de Lagarte, on the coast of Yucatan: that the captain told the passengers, with the exception of twenty, to go ashore for the purpose of lightening the ship and getting provisions : that while on shore the captain set sail and left them exposed…
1Opinion of the CourtMartin, J.
This case turns upon the same principles as that of Malpica vs. Currel, lately decided in this court.
The first question it presents relates to the law by which the rights of the parties are to be governed.
The defendant sent his vessel from New-Orleans to Vera Cruz, to be employed in the transportation of passengers — and the master'^ there entered into a contract for their passages, which being within the scope of his authority, must be as binding on the defendant,as if it had been entered into by him per-,\\ sonally. This proposition is, however, strenu-Jously combatted by his counsel, who…
2Cited by5 opinions
- Hathaway v. The Brantford CityDistrict Court, S.D. New York · 1886
- Lókpez Finlay v. Sotelo TaboasSupreme Court of Puerto Rico · 1949
- Farrar v. DuncanSupreme Court of Louisiana · 1877
- Graham v. WilliamsSupreme Court of Louisiana · 1869
- Lókpez Finlay v. Sotelo TaboasSupreme Court of Puerto Rico · 1949