37 Me. 276 | Me. | 1853
— It is contended by the plaintiff, that the interest of Levi Sawyer and Charles E. Sawyer, who were
It does not appear,.by the facts stated in the exceptions, who ordered the repairs, which were made upon the vessel, or in whose employment she then was. The jury were instructed, “that a master of a vessel without any other authority than that derived from his official capacity, was not authorized to order repairs to be made upon a vessel in her home port, that if they found the defendant to be a resident of Cape Elizabeth, and the vessel to be moored at a wharf in Portland, when the repairs were made, she must be considereed to be in her home port, and the master as such would not be authorized to order repairs.”
It might be inferred from this instruction, that the repairs
The enrollment is evidence of ownership, but not conclusively so, and the owners may p§,rt with the control of the vessel by chartering her or letting her on shares, and thus not be liable on contracts made by those in whose employment she may be. Dame v. Hadlock, 4 Pick. 458; Colson v. Bonzey, 6 Greenl. 474. The master is agent of the owners only so long as he acts for them. They can discharge him at any time, and put an end to his authority. The enrollment is evidence of what it declares at the time it is made, and it may be presumed that the same facts exist until a change is shown. But as other persons than those, whose names appear upon the enrollment, may be shown to be owners, so it may be shown that the person, whose name is enrolled as master, has ceased to be such.
The Judge did not withdraw from the jury the right of deciding upon the credibility of the person stated to be master. The meaning of the instruction is, that if the jury believed the facts, to which the witness testified, the legal con
Exceptions overruled.