Brown, Chipley & Co. v. Haigh

Citations

• 113 La. 563
• 37 So. 478
• 1904 La. LEXIS 676

Syllabus

<p>SHIPPING — CHARTER PARTY — ESTOPPEL.</p> <p>1. The party appearing in a charter party as owner of the vessel chartered was in reality only an agent of the owners, acting as between himself and the owners under limited powers, and under a special agreement as to compensation.</p> <p>This agent- employed subagents, with whom the owners had no dealings. The rights of the latter as to commissions are controlled by the terms of the actual contract which their principal had made with the owners.</p> <p>2. Though certain allegations made in a suit brought by A. against B. to which suit C. is no party, may be utilized by C. in a suit between himself and A., as containing admissions in his favor, they cannot be urged by him as working an estoppel against A. Between them they are open to explanation and correction.</p> <p>(Syllabus by the Court.)</p>