13 Wend. 58 | N.Y. Sup. Ct. | 1834
The only question of law in the case is, whether the owners of the vessel are responsible for the acts of the master as consignee of the goods. The plaintiff contends that the defendants were bound to see that Captain Aveiy made sales and returns to him. The defendants insist that the captain acted in two capacities—one as servant of the ship owners, the other as consignee of the goods—and that for his acts in the latter capacity they are not responsible.
The general rule undoubtedly is, that the owners are bound by every lawful contract made by the master relative to the usual employment of the ship. Abbott, 118. The master is the confidential agent of the owners, and they are bound by his contracts, by reason of the profit they derive from the employment of the ship; and the usual employment of the vessel is evidence of the authority of the master, given by the owners, and his contract is considered theirs. Abbott, 113. 1 Livermore, 70, § 15. It frequently happens that the same person is not only master of the ship, but also supercargo, or consignee; he then acts in two distinct characters ; and when the vessel and the cargo are owned by separate persons, and the master is consignee of the cargo, or any part of it, he then stands in the relation of agent to two distinct principals at the same time. In the stowage of the cargo and the navigation of the vessel, and in the conveyance and delivery of the cargo, he acts as agent of the owners ; but in the sale of the goods consigned to him, and accounting for the proceeds, the owners are in general not responsible for the fidelity of the master. In that business he is not their agent, but the agent of the consignor. “Upon the arrival of the ship at her port of destination, he delivers the cargo as master, and receives it as consignee. All his authority as master is then determied, as is also the responsibility of the ship owner, who will not be ansvvereable for any negligence or fraud, of which he may be guilty in the sale and disposition of the cargo consigned to him.” 2 Livermore, 215. Such is unquestionably the general rule of law. There are some cases which may be supposed to be at variance from this doctrine, but I apprehend they all limit the authority of the master to bind the owners