Pennsylvania Law Journal Volume 2 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1843 Excerpt: ... PENNSYLVANIA LAW JOURNAL. QUESTION. (Concluded from page 75.) Dawson v. Leake, was a case at Nisi Prius before Ch. J. Abbott. (Dowl. & Ryl. N. P. 52. S. C. 16 Eng. C. L. Rep. 432.) It was an action of assumpsit against the owner for repairs. The defendant was the registered owner. For a considerable period the ship had been owned and managed by the defendant and one S. Defendant then made an agreement with S, to sell him the ship, the price to be paid in instalments, with a stipulation that until all the instalments were paid, defendant should not be obliged to execute any conveyance. After this defendant never interfered with the vessel. The repairs were ordered b' S and the bill at first made out to him. After all this, it was that a memorandum was made upon the registry that defendant had assigned all his interest to S. The Chief Justice remarked that there were two questions. 1. Whether the plaintiff did the repairs upon the joint credit of defendant and S. or upon the credit of S alone. If no credit was given to defendant he would clearly be entitled to a verdict. 2. If the repairs were done partly on defendant's credit, he felt no difficulty in holding him liable. He then went on to say: "The register is legal evidence of ownership, and no private understanding between the parties can weaken the effect which that evidence is calculated to have on the world. It has been contended that defendant stood in the character of a mortgagee out of possession, and consequently could not be liable for expenses incurred in respect of the ship. But there is a wide difference between the character of a mortgagee and that which defendant held in reference to the ship, because it seems to me that the legal possession of and beneficial interest in her was not divested ...