The South Coast, 251 U.S. 519 (1920)

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The South Coast*


No. 68


Submitted November 10, 1919
Decided March 1, 1920
251 U.S. 519

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

In purchasing necessary supplies, the master of a demised vessel, appointed by the owner but under the orders of the charterer, is the charterer’s agent. P. 523.

A charter-party demising a vessel required the charterer to pay all expenses and save the owner harmless from liens, allowed the owner to retake the vessel should the charterer fail to discharge any liens within a stated period after they were imposed, and placed the master, appointed by the owner, under the charterer’s orders. Applying the Act of June 23, 1910, held that the charter-party, if it did not grant, at least assumed authority in the charterer to bind the vessel for necessary supplies purchased by the master in a domestic port, and that the statutory presumption of such authority could not be dispelled by denials and warnings from the owner to the supply man. Id.

247 F. 84 affirmed.

The case is stated in the opinion.