Reiman v. Hamilton

if husband and wife own a vessel of which he is master, they are jointly liable on contracts for its employment made by him within the scope of a master’s authority.

Contract by Robert G. Reiman, Washington Lee and Alfred Poor, against John Hamilton and Mary Hamilton. The declaration alleged that the defendants were owners of the schooner Albion; that they undertook to carry in the schooner a cargo of coals belonging to the plaintiffs, and represented that the schooner was strong, stanch and seaworthy; that the schooner was not-seaworthy, but sank with the coal; and that the defendants did not carry the coal as agreed. At the trial in the Superior Court, before Rockwell, J., the plaintiffs introduced evidence that a contract was made by which John Hamilton agreed to carry the plaintiffs’ coal on the schooner Albion; that the contract was made after he had told the plaintiffs that he owned the schooner and she was seaworthy; and that the schooner sunk at the wharf with the coal on board, and never carried the coal. There was also evidence that the defendants were husband and wife, and lived together as such; that the wife owned the schooner, and the husband was the master; that the wife had the earnings; that the earnings supported them and their children; and that she knew nothing of this contract until after the schooner had sunk. The defendants contended that a verdict could not be rendered against them both; but the judge ruled otherwise, and instructed the jury that if the defendants were joint owners of the schooner, and the husband was master and contracted to carry the coal, stipulating in the contract that the coal should be carried in a stanch, sufficient and seaworthy vessel, and the schooner sunk by reason of her defects, and the coal was injured or lost, the plaintiffs might recover. The jury returned a verdict against both defendants, and they alleged exceptions.