9 Rob. 346 | La. | 1844
This is a claim for damages against the owner of the ship Garonne, for the breach of a contract of affreightment, entered into by the petitioners with Charles Sagory, his agent, and master of said ship, for the conveyance of a full cargo of cotton from New Orleans to Havre, at the rate of one cent per pound, and five per cent primage. The material facts of the case, as exhibited by the record, are, that on the 12th of December, 1842, the ship Garonne arrived at this port from Bordeaux ; that her master, Charles Sagory, finding here no letters or
The authority of a master, under his general powers, to make a contract of affreightment, cannot be questioned, and the owner is bound to the performance of every lawful agreement he enters into relative to the usual employment of the ship. Abbott on Shipping, part 2, chap. 2, p. 77. 3 Kent’s Comm., 162.' Story on Agency, § 116, 161. It is equally clear that where a general power is confided to an agent, the party contracting with him is not bound by any limitation which the principal
Judgment affirmed.