Polynesian., 1861-02-23
SUPREME COURT.---OctOber Term.
1850.

P. S. Wilcox and F. L. HANKS ps. J. F. B. MARSHALL.
By the Court
This is action of assumpst brought by the plain
tis, surviving partners Of the firm of r. Coady Co.,
of Honolulu to the of $780, and interest
which they aege to be due from the defendant in set
tlement of his account part owner in several wha
ing vessels, for which r. Coady & Co. the agents.
or managing owners
By consent of parties the case has been heard by
the Court without the intervention of jury, Judgment
to be entered at the convenience of the Court of the
October term.
by the plaintiffs against the defendant and others, and
as the defence made in this is, understand
the that in the Others the decision Of the
ent will probably control the settlement of the 9TH
ers.
The plaintiffs demand is resisted and the accounts
as sued upon objected to- various grounds, the
fundamental point of defence being that in the business
of supplying and fitting out the whaling vessels in ques
ton and of dspOsng of the products of their voyages
Richard Coady, and afterwards Coady & Co.. were the
agents Of the present defendant and the other part
owners and therefore not entitled to any profit
muneraOn for their services about the business, be-
yond the commission of five per cent usually allowed in
Honolulu for such agencies.
1t is necessary, therefore, that should first
slider the applicability to the present case of certain
legal principles relied upon the part of the defend
ant, before we take up any of the specific points touch
ing the merits.
1t is argued that party occupying 6dueiary rea-
ton, agent for others in regard to any particular
business has right in the transaction of that bus
ness to make any extra profits for himself or under
any circumstances, to take for his services anything
more than the stipulated commission and that the
position of an agent for the defendant, in case like
the present, is incompatible with that Of q merchant
operating on his own account
We have doubt of the general soundness of these
legal propositions, that they of almost uni
yersal application but upon careful consideration,
have doubts to their being in point to some of
the questions involved in the present Originally,
Richard Coady, and then r. Coady Co., were part
owners together with the present defendant and Others
of several whaling vessels The present plaintiffs, and
r Coady before them, acted as ships husbands and
agents generally for those vessels They not mere
ly ships husbands that term generally understood,
for other mems ships, but they were the managing
part owners, to whom was con6ded the whole manage
ment to the fitting out and manning of the ships,
as well the disposition of the products Of the Wha
ing voyages prosecuted for the interest. The
powers and duties of ships husband in relation to
ships engaged in ordinary trading feightng Yoyag
es, accurately described in the books (see Story
agency, Section 35 Bells Commentaries, 40, Sec
ton 42S) full though they be- do not exactly the
position held by the plaintiffs From the fact that the
whaling business, in which their vessels were engaged,
prosecuted from this port, to which great part Of
the various materials necessary for the Quitting Of the
ships had first to be imported and from which, upon
the return Of the vessels from the fishing grounds al
most all the products Of the voyages had to be exported
before they reached market the agency of the plain
tis assumed much more general character than that
of mere ships husbands. As the facts Of the ap-
pear to US, do not think it understood at any
time that they should be regarded merely such.
True it is in testimony, that when the business began.
chief inducement for the present defendant and others
to embark their capital in it vas that Richard Coady,
who active shrewd business man. not at that
time engaged himself merchant, would be able 10
h out the vessels to the best advantage by giving his
personal attention to the matter and purchasing sup
plies eheapy possible, receiving only the usual
commission that their ships, to use the expressive
language Of the parties, should not have to commence
their voyages " by sailing through q ship ehander's
store The business begun in that way, but az
ter il had been prosecuted for time, Mr.. Coady
stated to Of the parties interested that i would
not pay him carry the fitting out OF The vessels in