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6 N.H. 95

Hacker v. Young

Superior Court of New Hampshire

Decided March 15, 1833

Superior Court of New Hampshire · decided 1833-03-15

Assumpsit. The plaintiffs alleged that the defendants, on the 24th November, 1824, were owners of the schooner Napoleon ; that they shipped on board the same at Gloucester, for Philadelphia, 118 barrels, and 29 half barrels of mackerel, to be delivered at Philadelphia, which were never delivered. The cause was tried at January term, 1831, upon the general issue, and a verdict taken, by consent, for the plaintiffs, subject to the opinion of the court upon the following case.

Decided 1833-03-15

By the court.

¶1We have no doubt, that the copy of the record of the enrolment of the schooner, was, under the circumstances, evidence that the defendants were, at the time of the enrolment, owners. Having made oath that they were then the owners, — that was an admission which is at least good evidence against themselves. 1 Starkie’s Ev. 179; 4 Taunton, 802, Cooper v. South; 2 ditto, 5, Frazer v. Hopkins; 14 East, 226, Tinkler v. Walpole.

¶2We are also of opinion, that the evidence adduced was sufficient, in the absence of any evidence, on the part of the defendants, to the contrary, to warrant a jury in finding all the defendants to be owners at the time the bill of lading was made.

¶3And we are further of opinion that the circumstance, that the defendants were owners, is, prima facie, evidence *98that they were all of them parties to the contract of the master, and that, if the fact were otherwise, it was incumbent on them to show it. The presumption is that the schooner was in the employment of the owners, and this presumption must prevail until shown by the defendants to he contrary to the fact.

¶4Judgment on the verdict.

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