Perry v. Osborne

22 Mass. 422

• Court: Massachusetts Supreme Judicial Court
• Decided: October 15, 1827
• Status: Published

Opinion

Per Curiam.

Generally supplies for a ship are furnished on the credit of the master and the owner ; but where the ship is out of the employment of the owner, the charterer, whether under a parol or a written contract, is held, and not the owner.¹ And this is reasonable, for the person furnishing the supplies may easily ascertain who is the owner for the time being, to whom the supplies are made.

Judgment affirmed

1 See Abbott on Ship. (4th Amer. ed.) 19 to 22, n. 1, and cases there collected ; Cutler v. Winsor, 6 Pick. 335; Thompson v. Hamilton, 12 Pick. 428 Tucker v. Buffington, 15 Mass. R. (Rand’s ed.) 481, n. (a); 3 Kent’s Comm (3d ed.) 136 to 139.

The charterer of a vessel is held to be the owner in respect to responsibility for embezzlements by the crew, in case he navigates the vessel at his own expense. Revised Stat. c. 32, § 3.