3 N.C. 333
Superior Court of North Carolina
Decided July 5, 1804
Superior Court of North Carolina · decided 1804-07-05
«T'HE defendant owned a vessel, which he had contracted with A Noble to leave to his management and custodythat Noble should victual and man htr, and take in freight when and where he thought proper, and should account for one third of the pro-fi s to the defendant. He took in a load, on freight, at NeW R ver, for Howard, to be cairifcd to Wilmington, pui into an intermediate port, took in more lading, and thereby the Vessel and cargo was lost.
Cited by 1 later decisions — most recently April 1796
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1804-07-05
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¶1Ross continued to be owner notwithstanding this contract, and is liable for the undertakings and miscarriages of Noble. The case in Molloy, 229, 230, is not law, so far as it states the master only to be liable for a deviation or barratry.
¶2There was a verdict for the plaintiff, and a motion made for a new trial, and on the appointed day was fully argued; and now, on this day, being near the close of the term, the Court gave judgment.