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71 Me. 470

Bowen v. Warren

Supreme Judicial Court of Maine

Decided December 7, 1880

Supreme Judicial Court of Maine · decided 1880-12-07

On report. Assumpsit against the owners of schooner Hudson, for supplies :and materials furnished to the vessel. It appeared from the testimony of J. R. Grover, that ho was master of the vessel, sailed her on shares, contracted the bill hi suit in behalf of the owners, and by their authority, and. that it did not belong to him while sailing the vessel on shares, to furnish any of the articles sued for, at his own expense.

Decided 1880-12-07

SymoNds, J.

¶1This is similar to the previous case of Bowen v. Peters, and the opinion in that disposes of one, and perhaps the principal, ground of defence.

¶2We think the evidence is sufficient, prima facie, that the title to one-sixteenth of the schooner, at the date of the charges, was in Joseph Partridge, the only defendant who contests the claim; and that the articles charged were such as, under the agreement between master and owners about the manner of sailing the vessel, the owners were to furnish and the master was *472accustomed to purchase on their credit. Lyman v. Redman, 23 Maine, 289; Chadbourne v. Duncan, 36 Maine, 89; McLellan v. Reed, 35 Maine, 172; Swanton v. Reed, 35 Maine, 176; Bonzey v. Hodgkins, 55 Maine, 98; Wickersham v. Southard, 67 Maine, 595.

¶3The item for interest prior to the date of the writ cannot be allowed.

¶4Judgment for plaintiffs for ‡ 164.17, and interest from date of the writ.

.AppletoN, C. J., Barrows, Danforth, and Virgin, JJ., concurred.
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