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21 Mass. 458

Dame v. Hadlock

Massachusetts Supreme Judicial Court · decided 1827-03-26

Assumpsit for supplies furnished to the master of the schooner Sea Flower for a fishing voyage, and charged to the owners. All the supposed owners were sued, but the writ was served only on the defendant. The plaintiff read m evidence a copy of the enrolment, by which it appeared, that at the time of enrolling the schooner, the defendant was one of the owners.

Decided 1827-03-26

Per Curiam.

¶1We cannot distinguish this case from that of Hussey v. Mien, cited in the argument. The owners of vessels are answerable for expenses upon them, or supplies, because they receive the benefits; when they cease to be owners, there is no longer any reason to charge them. The defendant had made an absolute conveyance of his interest in the vessel, before the supplies were furnished, and therefore was not a debtor for them.

¶2Judgment according to verdict.1

¶3 See Abbott on Ship. (4th Amer. ed.) 18, 19, and n. (1.) The register or enrolment of a vessel at the custom-house is not conclusive evidence of ownership. Bixby v. Franklin Ins. Co. 8 Pick. 86; Colson v. Bondsey, 6 Greenl. 474; 3 Kent’s Comm. (3d ed.) 150, n. (b), and cases there cited; 3 Id. 136; Bas v. Steele, 3 Wash. C. C. R. 381; Abbott on Shipping (4th Amer. ed.) 63, n. (1); Sharp v. United Ins. Co. 14 Johns. R. 201, 1 Stark. Ev. (5th Amer. ed.) 210; Pearce v. Norton, 1 Fairfield, 252; Hacker v. Young, 6 N. Hamp. R. 95; Cox v. Reid, 1 Carr. & Payne, 602; S. C. Ryan & Moody, 199; Jennings v. Griffiths, Ryan & Moody, 42; Winsor v. Cutts, 7 Greenl. 261; Perry v. Osborne, 5 Pick. 422; Tucker v. Buffington, 15 Mass. R. (Rand’s ed.) 481, n. (a.) See Dowson v. Leake, Dowl. & Ryl. N. P. C. 52.

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