Reports of Cases in Admiralty, Argued And Determined in the District Court of the United States for the Southern District of New York
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The master has no author- ity to sell unless in a case of extreme necessity. 3 Kent, 5th ed. 131. He may sell, provided it be done in good faith, and in a case of supreme necessity, which sweeps all ordinary rules before it. 3 Kent, 173. At all events, a sale can only be justified by extreme necessity and the most pure good faith. Abbott on Shipp. 26. All the circumstances must be submitted to the jury, and they must find both the necessity and good faith. The Patapsco Insurance Company v. Sout...h- gate, 5 Pet. 604. It is not sufficient that the sale be one of good faith on the part of the master, and for the benefit of all concerned, unless there be an urgent necessity. The Schooner Tilton, 5 Mason, 465, 475. For it is certain that he has no authority to sell unless in a case of extreme necessity, and when he acts with the most perfect good faith. Gordon v.
The Massachusetts Fire & Marine Insurance Co. 2 Pick. 262.
It is not sufficient that the master acted in good faith and in the exercise of his best discretion; the claimants must prove there was a moral necessity for the sale, so as to make it an urgent duty upon the master to sell.
What to read after Reports of Cases in Admiralty, Argued And Determined in the District Court of the United States for the Southern District of New York?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Benjamin Vaughan, 1830-1890 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The master has no author- ity to sell unless in a case of extreme necessity. 3 Kent, 5th ed. 131. He may sell, provided it be done in good faith, and in a case of supreme necessity, which sweeps all ordinary rules before it. 3 Kent, 173. At all events, a sale can only be justified by extreme necessity and the most pure good faith. Abbott on Shipp. 26. All the circumstances must be submitted to the jury, and they must find both the necessity and good faith. The Patapsco Insurance Company v. Sout...h- gate, 5 Pet. 604. It is not sufficient that the sale be one of good faith on the part of the master, and for the benefit of all concerned, unless there be an urgent necessity. The Schooner Tilton, 5 Mason, 465, 475. For it is certain that he has no authority to sell unless in a case of extreme necessity, and when he acts with the most perfect good faith. Gordon v.
The Massachusetts Fire & Marine Insurance Co. 2 Pick. 262.
It is not sufficient that the master acted in good faith and in the exercise of his best discretion; the claimants must prove there was a moral necessity for the sale, so as to make it an urgent duty upon the master to sell.
What to read after Reports of Cases in Admiralty, Argued And Determined in the District Court of the United States for the Southern District of New York?
You can find similar books in the "Read Also" column, or choose other free books by Abbott, Benjamin Vaughan, 1830-1890 to read onlineMoreLess
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