Johnson, Joseph & G. M. Josselyn & Co. v. Goodwin

LANGDON, P. J.

This appeal is taken by the defendant from a judgment for $471.73 against him in an action to recover the reasonable value of ship chandlery and materials furnished to -the steam schooner “Nika” in this city and county. The defendant had purchased the “Nika” in Louisiana and brought her to San Francisco. In August, 1922, defendant entered into negotiations with Mr. Mendezona for the sale to him of this vessel. The transaction was consummated on August 10, 192-2, and defendant received the first payment upon the vessel called for by the contract. Defendant, thereupon, paid off the crew and discharged them and also paid off the master of the vessel, Captain Roberts, and discharged him. Early the next morning, August 11th, Mendezona -took possession of the vessel. He thereupon employed Captain Roberts as the master of the vessel. Captain Roberts, as the agent of Mendezona, then telephoned to the plaintiff that he had an order to give for supplies and they sent their representative to sectire the same. This representative, Mr. Newhall, went aboard the “Nika” and was told by the master that the matter was being handled by Mr. Laurent, an employee of the Pan-American Line, at whose pier the vessel was docked. It -appears that the Pan-American Line was a corporation engaged in the business of acting as ship’s agents in the port of San Francisco, and had been requested by Mr. Mendezona to take charge of the

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“Nika” and had done so, on his behalf, on the morning of August 11, 1922. Mr. Laurent gave the order to Mr. New-hall in the presence of the master of the vessel. Later the “Nika” was wrecked at sea and plaintiff sued Mr. Goodwin upon the theory that he was personally liable as the registered owner of the vessel. Mr. Goodwin was the registered owner of the “Nika,” but he had parted with the possession, custody, and control of the vessel before the plaintiff entered upon the scene, under the contract of sale with Mendezona. The plaintiff did not know, at the time it furnished the goods, who was the registered owner of the vessel nor who was in possession and control of the -same. It had never before furnished supplies to this vessel nor had any dealings of any kind with Mr. Goodwin. It does not even appear from the record that plaintiif knew that Captain Roberts had been employed 'by Goodwin prior to his employment by Mendezona. No liability can be predicated, therefore, upon any ostensible agency or holding out of Captain Roberts as agent by this defendant, nor upon reliance of plaintiff thereon.