The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1875-02-26
Replies and Decisions on Questions or
A Practical Nature.
D Id Ncw N-ork Jonrnnl oI col


Prom The New York Jonrnai Of Commerce.
QUESTION, vessel leaves New Yorl
for a foreign port. The cargo on and
under deck is covered by insurance, as
also the freight list. In the course OF
the voyage she encounters a gale, throws
overheard part Of her deck load, and
puts into another foreign port for re.
pairs. The captain sells the cargo, re-
pairs his vessel, and makes no claim al
that port for a general average, but puts
back to the home port, instead of pro.
ceeding to the original destination after
repairs are made. Isthe insurance com
pany liable, and if so, to what extentl
REPLY. do not know the port oi
destination. In this country the deck
load, as n rule, is not contributed for, al
though there are exceptions in peculiar
circumstances. The freight on goods
iettisoned is contributed for, while only
the net freight contributes. We do not
understand the conduct of the master in
case described. If the vessel was capa.
BILE of being repaired, it was his duty tC
repair and carry the cargo to its destin-
alton, where he should have made his
claim for general average contribution.
the adjustment to be perfected accoI.
ding to the laws and customs Of the
place to which the vessel was bound.
He ought not to have sold the cargo
unless for good cause, such az its being
condemned on survey, or its perishable
character. f..
The underwater is liable for the cargo
iettisoned from the deck; but what his
liability is for the cargo sold at the port
of distress does not appear from the
limited facts furnished by our cores
pondent.
QUEsTIoN.-Can a minor be a partner
in a business house, and sign checks,
&c.! Also can minor hold power OF
attorney for firm!
REPLY.--A minor can be partner in 6
business honse, and bind the firm by
his signature. He can also hold a pow
er of attorney, and his signature viii
bind his principal precisely rs if he wa,
of full age. 1t is only individual labil-
ity which is affected by his uon-ego.
QUESTION. six years since tn,
firm of J. w. Burtis & Co, consisting o.
j. W. Burtis and A. Burtis, sold ou
their stock of paints, oils, &c, to Messri
Weed & Silliman, of this place, anC
signed an agreement to sell no more
there being no forfeiture paid. Sine,
then the firm has changed to Burtis &
Meade, viz, j. w. Burtis and B. z
Meade. Can the latter firm (Burtis &
Meade) engage in the sale of said arti
cles, paints, oils, &C., lawfully, or car
they be held by said agreement of j. "
Burtis & Co., j. w. Burtis being one
of the firm?
RRPLY.- Contracts in restraint o.
trade are not looked upon favorablv b,
the courts. If Burtis & Co. contracted
not to sell oils, &c, in that town. til,
contract under the decisions in that stat,
would hold good; but if the contrac
was never to engage in tina. trade again
/ it would be void for the reason cited
But if good, the contract only holds Al
to the members of the firm who mad,
! it. 1t will not refrain any new firm
from prosecuting the trade. Messrs
Weed d Siiman can prosecute j. w
Burtis(in case the contract is to hold TO,
his individual violation of his agreement
but no action will lie against Burtis &
Meade.