Brightman v. Eddy
Massachusetts Supreme Judicial Court
Tort for conversion of one sixteenth of the schooner Jessie A. Woodhouse. In the superior court Morton, J., signed a bill of exceptions substantially as follows: At the trial it was agreed that the plaintiff was owner of a sixteenth of the vessel; that the defendant, being master and also part owner, at Matamoras, in January 1865, transferred the vessel, without the knowledge or consent of the plaintiff, to one John McNulty, a British subject, for the purpose of putting it…
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Tort for conversion of one sixteenth of the schooner Jessie A. Woodhouse. In the superior court Morton, J., signed a bill of exceptions substantially as follows: At the trial it was agreed that the plaintiff was owner of a sixteenth of the vessel; that the defendant, being master and also part owner, at Matamoras, in January 1865, transferred the vessel, without the knowledge or consent of the plaintiff, to one John McNulty, a British subject, for the purpose of putting it under British colors ; that it remains under British colors, and under the command of the defendant; and that in October,…
1Opinion of the CourtBigelow, C. J.
The rule of law regulating the authority of a master to sell a vessel under his command is stated with its proper limitations in Gordon v. Massachusetts Insurance Co. 2 Pick. 249; Hall v. Franklin Insurance Co. 9 Pick. 466, 477; and in several subsequent cases decided by this court, in which the original statement of the rule has been recognized and confirmed. On a consideration of the facts disclosed at the trial of this case which are fully set forth in the exceptions, we are clearly of opinion that they fail to show the existence of any suck *481necessity as to justify the defendant in making…
2Cited by23 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Stowell v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
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