2 U.S. 194 (____)

2 Dall. 194


Supreme Court of United States.

Attorney(s) appearing for the Case

Heatly, for the Plaintiff.

Moylan, for the defendant.

BY THE COURT: — It is clear that the captain can hypothecate his vessel only in case of necessity — such a necessity as this; that if he did not take up the money, the voyage would be defeated, or at least retarded. This does not appear to have been the case in the present instance. But, in addition to that general rule, it is held, that the captain cannot hypothecate, while there are goods of his own, or of his owner on board. Now if there was no authority...

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