The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1889-08-22
FROM M. TH0MpS0N'S DIGEST
OF HAWAIIAN SUPREME
COURT DECISIONS.
In Preparations.
AGENT AND PRISCIPAL.

AGENT AID PRINCIPAL.
Although agents are not legally
entitled TO any profits, yet where
they had exercised due diligence in
making their contracts, of freight
ments, their principals could not
vaeate their contracts, if at some
other period, before or after, a less
rate of freight had attained. Aud
if put on board their own ships, the
lowest rate of freight in the market
only could be charged. Wilcox V.
Hanks 2 Haw. 296.
In q case of culpable rashncss in
the conduct of the master Of vcs-
sci, resulting in hardship and per-
, sonal suffering to the compliments,
belonging TO the crew of said vessel,
as well as loss of time and breach
of the contract of shipment,the own
ers of the vessel were held respon-
sible in damages, for the acts of the
master, as being within the scope of
his authority, the same as if the
acts had been committed by the
owners themselves. NIakaula VS..
the brig "Wailus," 2 Haw. 356.
Where by the fault of the master,
a vessel was detained in the North
ern seas, so late as to render it inn
possible TO return to the port where
the contract of shipment was made,
and whereby the term of service had
expired, the Court fixed q date at
which the accounts under the con-
tract should be closed, and decreed
that 9Gdntum 0terut should be
paid TO the libellants for the ensuing
| period of service, forming reason
able extra allowance, to be based
upon the shares theyawere to receive
during the first term of service. lb.
Where charge is based upon
usage, the usage must be satistact-
orily proven, before it can be allow
| ed. Id.
An agent, acting within the usual
scope of the business intrusted to
him, binds the principal by his acts.
Spencer V. Bennett, Haw. 4l5.
If there are any express or un-
usual limitations, binding the exer-
else of such authority in the ordin-
airy course of the business, they
cannot affect the right of the pur.
chaser, who dealt with the agent in
ignorance of them. lib.
An authority to sell, implies an
| a., coll on , nrn1;t M
be usual. The allegation OF fraud
is not sufficient; il must be proved,
not surmised. lib.
Courts will be cautious in sustain.
ing charges of this character. III.
Notice of suit brought home to
the agent, doing business in this
country, regarded quite as eifectua
as if served upon the nonresident
defendant personally, in accord
ance with the provisions of section
HOP Civil Code. Purdy V. Janion
2 Haw. 453.
1t is incumbent upon the masters
or agents Of whale ships, TO make
up, at the expense of the owners
the accounts between the ship anC
each officer or seaman of tAe crew
and any usage to the contrary deem
ed unreasonable and would not b,
sustained by the court. Warren V
bark Benz. Rush, , Haw. 1853.
An agent, holding himself out a
principal, inours the liability t,
the same extent as if he were prin
cipal. Montgomery V. Montgomery
Haw. G77.
A general authority conferre
upon the master of vessel to con
duct a whaling and trading voyag
for limited period of time, is no
to be extended as giving him tn
power to establish sub-agencies a
different points beyond the perio
expressly set forth. Captain '
Hoffschlaeger and S'apenhorst,
lIaw. COL.