Ward v. Ruckman

New York Supreme Court

Ward v. Ruckman

34 Barb. 419, 1861 N.Y. App. Div. LEXIS 72

CourtNew York Supreme Court

DecidedMay 6, 1861

StatusPublished

Cited by1 cases

This text of 34 Barb. 419 (Ward v. Ruckman) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ward v. Ruckman, 34 Barb. 419, 1861 N.Y. App. Div. LEXIS 72 (N.Y. Super. Ct. 1861).

Pincite

Opinion

By the Court.

The right of a master to continue in command of a vessel because he is part owner, can only rest on a contract made with the other owners.

Even if such a contract is made with one captain, it is not an assignable right to be transferred with the share, but is personal with the captain with whom it is made.

Such a contract cannot be unlimited in respect to duration ; and when no time is fixed for its continuance, it must be considered as subject to be terminated by either party on reasonable notice, if the interest of either requires a change. (Story on Partnership, § 432. Card v. Hope, 2 Barn. & Cress. 661.)

The facts proved on the part of the plaintiff do not show a right to recover, and the complaint was properly dismissed.

Judgment affirmed, with costs.

Clerke, Ingraham, and Gould, Justices.]

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