1 Johns. 229 | N.Y. Sup. Ct. | 1806
delivered the opinion of the court.
The loss claimed in this case is for the barratry of the master, and the right of the assured to recover will depend- on the ■ determination of the question, who is to be deemed owner of the vessel for the voyage ? It is not denied that the conduct of the master amounted to barratry, provided the assured is to. be considered as owner of the brig, for the voyage insured. The plaintiff was the owner, but he had chartered the vessel to Aken & Brice, who, it is contended, must be considered owners pro hac vice; and the acts of the master, which are alleged as barratrous, having been committed, by the procurement, orders and directions of Brice, one of the hirers, would not constitute barratry. It appears that the assured equipped the brig, hired and put on board the master and crew, and paid them, furnished the provisions and other necessaries for the voyage. There was also excepted out of the charter one half the cabin, and the privilege for twenty barrels on account of the mate and captain, and so much of the hold as might be necessary for the accommodation of the master, mariners, provisions, water and fuel for the crew. Under such circumstances, I should not consider Alien Brice as owners for the voyage. By the
Another question raised, though not much pressed on the argument of this case, related to the sufficiency of the preliminary proofso This objection appears to me not well
. The opinion of the court, therefore is, that the plaintiff is entitled to recover as for a total loss.
Judgment for the plaintiff.