 | Massachusetts, William Charles White - Law - 1809 - 220 pages
...ship, has his election, either a 8i« ' Burnett' to sue llle niaster wno employs him, or the owners ; but if he undertakes it on a special promise from...party. For where the owners of a ship leased her for years to the master, under covenants, giving him the sole disposal of her, for his own sole benefit,... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1810 - 674 pages
...prima facie the repairer of a ship has his election to sue the master, who employs him, or the owners ; but if he undertakes it on a special promise from either, the other is discharged. 5. In the cases before mentioned the facts appear to have happened in England. In a case (i) tried... | |
 | Wyndham Beawes - Commerce - 1813 - 786 pages
...Taunt. 137The repairer of a ship has his election to sue the master who employs him, or the owners, but if he undertakes it on a special promise from either, the other is discharged. The words which were usually made use of formerly in the sale of ships, viz. the M,,ÍIO, d tackle,... | |
 | Charles Petersdorff - Law - 1831 - 590 pages
...S'"P 'las шз election to sue the master who employs him, or the owners ; but tracts by an »f lie undertakes it on a special promise from either, the other is discharged, agent with- in his authority bind the principal ; hence, the owner of a ship is liable for the repairs,... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...prima facie the repairer of a ship has his election to sue the master, who employs him, or the owners ; but if he undertakes it on a special promise from either, the other is discharged In the cases before-mentioned the facts appear to have happened in England. In a case (s) tried before... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...prlmu facie the repairer of a ship has his election to sue the master, who employs him, or the owners ; but, if he undertakes it on a special promise from either, the other is discharged. The facts in these cases appear to have happened in England, but in a case,' tried before Lord Kenyon... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 pages
...primd facie the repairer of a ship has his election to sue the master who employs him or the owners ; but if he undertakes it on a special promise from either, the other is discharged. In the cases before mentioned, the facts appear to have happened in England. In a case (*) tried before... | |
 | New York (State). Supreme Court, William Johnson - Law reports, digests, etc - 1867 - 510 pages
...facie, the repairer of a vessel has his election to sue the master who employs him, or the owners ; but if he undertakes it on a special promise from either, the other is discharged. There was not, to be sure, in the present case, any special promise by any person to pay for the repairs.... | |
 | Law reports, digests, etc - 1908 - 1056 pages
...prima facie the repairer of a ship has his election to sue the master who employs him or the owners, but, if he undertakes it on a special promise from either, the other is discharged." Garnham v. Bennett, 2 Strange, 816. Later it was said that, if the owner was absent, the master could... | |
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And in an action at law (r), the rule was said to be, that i primd facie the repairer of a ship has his election to sue the master who employs him or the owners ; but if he undertakes it on a special promise from either, the other is discharged. 