The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-05
Marine Court.

Before Judge Thompson.
LIABILITY or A MASTER or sHtP PoR sUPrLtEs
AND REPAIRS THERETO WHEN SAILING or al ARES.
Po'aer -. Badger and o,herIThi, action is broush,
upon acceptance, OF which the following ia copy
500 80. Ea'nASoE son NJ. 0RIR.ss, Nay Is, 1851.
sevcnty days after date'of this Hrst OF exchange, Sc
cond unpaid pay to the order of Charles Palmer two
hundred and .isty dollars eighty cents cssb advanced
IN disbursements for account BRIG Charles and
Naiu. received, and charge the same TO account o dis
buis,ments Of blis charcs and owncr. aforesaid.
CHARLES PALMER.
To Capt Seth Hammond, Bris Charles, of Now York.
Across the face OF which Is written the foiowing:-
Accepted, slTH HAMMOND.
On the trial Il admitted that In 1851 Seth Ha n
mond the captain and defendants the ners Of tbs
brig Charles and that Captain Hammond signed this
cepaaee or rather that the sguature 10 the accspanc.
was bis. Francis Church was then csllsi : sitne.
for the plaintiff, and vShei tha; IA hes9rngof 1851
the Charles was at New Orleans, ani tait Himnoni
lad been appointed master by toe owners that fhs
iel lest in the Gulf o Mexico soue line during that
spring that previoas TO her loss 10 the .9riny,
hammond made contact With The drf,adants q, tpo
city Of New fek TO sal the sessi on shafe.; thAt
Hammond vas 10 take the ve,sfi AMI 10 the bsst he
could with her--go where he had mind TO- sri bays
her en- shares-ylciual and man her hmsa!f-ply al
the bills, and charge the owners orc h'N tie port
charges; that IN the spring Of ls6i ~ tao wi,nrs)
was partner OF the defendants. bat hA n1tans 10 %
with the vessel He further tcA'ii-i thst he wrote
letter to the plaintiff Of winch tho following - copy
Mr.. Charles Palmer New Orleans iA.--Dasr 81 Yoar
favors all at hand concerning account against thr
brig Charles. The balance due you a. pes account
t7s3 you are al liberty 20 draw FOR We nnicr
stand from Capt Hammond iha, ths draft you rot from
him Tor $3.50 80 was insured BY yoa IN ss- Orleans,
psny, as was not fr, gbt you Insured bat s4vannsa
Capt II. informs he sent you proie.t from Kry
have tie OF ours Witch you will nnd by calling
Oliver Palmer fsq Capt ~ hs. =, srtssn you t''
In. witness further ..fd tha, Al ths ilms thi, is,sr
was written the vessel hal been lost. The plan,A
makes claim for the SIS 81 referred V In the foregoing
letter. The piainta here rested his Gao, when ths
counsel Tor d.endsnts moved for dim sal ~ The
complaint, in the action upon tue follasRs grounis.-
lrstTbe plsint.n has failed 70 st0w thst the draft
given Tor and account u d,,bur,em.nts eK.
pended upon the brig IN guesiion
tie sg.nt of the owners of the brig
1hrc-1bst Captain Hammond had No authority 10
bind the owners entering into Soauae. With third
The counsel fer the plaintiff opposed the motion
Tnoxrsos, J.-1hs only proof In The ease that The
trg, IL that which Z. contained in the aeeep,.nes IL
self What the disbursesents ~efe expended for IL Ia.
dee. no. posses. unii,.l power. :, "a prssurnr re-
IsrvDpd supplies fn the ship aud be can only hinI
the 6tI.rs for such n are nes'.say under the actual
Tor what purpose the plaintiff advanced his e,nsy
isct that should be clearly proved in tbs eass, that
the question whether the money -as srp.nis1 for
eo,sr-s might be decided by the Court ievy yor
laght that sno~ thi funds may have s~sn srp.ndsd
r sueh thing. can ia 10 even, bisd The o-nsrs Il i
sad that IN general the msstsr of vessel sppe.rs 10
A. tie .tIld .. the .geni d the o.nsr IN matters r.
sto matters relating 20 the means Of smployinx her;
the business Of htipg out ,lciuslng AMI her
beirg left wholly 20 his mAssgsmsnt in places vhsr.
the owrsrs do not reside ana have no established sgnt
aId ifcqgsnty sso the plsos of their real.
dcucs Nevertheless, tho party seeking ~ sniorrn q
contract mads With ths master, arslnst tho s-nsrs,
must clearly prove facts AMI crcams,ancss uhleh y
sbov ihat The master has not sresstst bis aatb1ry
Bot srpsefs IN this that az the tins ,hs paisH
made the advance 10 question, Captain Hammond had
contacted with the 20 s.l The brig al hslvss
and 10 the bsst he could vfh her Hs sod IN the pss
ton a. chsrtsr-Tsylnx 10 The owner. for the ~
hsr enc half q the Iross ,anei r- vessel snssr
h erslusys cor,ro 70 70 vhsrs he chos % sni 70
smr.oy Der 10 vhaisytr wty msnnsr be thosgss
proJsr. The captain uss a rssts hf.r ~ ths ship
"a vsr s~sIeA rule ~ a. that the hirer ~ .hstsi
esrnt without rsca sathory Ter lbs pafp1ss Great.
Liability o. s o.nsr for the coat Of repairs supplies
furbsfsd ~ difscton of The hfsr 70 an him IN ssnr
ing AassnssFs from the tkinr klfsi whsrs wees. 10
bt IN who - " b. fsssr and 10 " vicfs.i ssd \,
her and u " 70 TIE for her hire
tain proportion of her earnings the xss
during the time for ineaFfsi by ths master
Tor ~ ca accent ~ the vss.sL
Eut the plaintiffs cossssf eontsnds3 ths, the st,sr
~ritsn BY the wnss. church. reesxntLsn % ths
hallny 81 the asfenassss. Th~ lsitsf q ns~rsly. 81
ut't evidence d -hst C<ptsin fism r,osi ssA sbsa,
The ustisr. Ia ~ 40 means rsesssition of A~fewi.
.nis Assii ~ 10 psy tts trsit n sassnt se,Alsx
,sy that csp,sn HsmHsosa bss sxs.s The sso-,,ss.s
y eo~s not smoun, 10 prDsIss " psy, ess safely
dss fks nisrspss ibA; ihs sslss~n,s posssss~a
kns-issrs % the pnrros<s fof Which ns pssntis hal
nscs ssJ strsness J am sf The op.nsa Tor ih-ss asa
. aiss.si q pissus's aopyiala, sksaH >. rrss,.i
lusrr1ssi, therefore, ,eeeressiy
Jerssy cry News.
rw rv,wu.-Ths Bard ~ orcsrs n ibs Jusy
ur yIrs n~rsr.~s, ks. as,srals.s 70 nsss srssss.