New York Court of Appeals December 15, 1866 (Kenzel v. Kirk)

By the Court.

Peckham, J.

A prima facie case of liability was shown against the defendants, by proofs of the sale and delivery of the supplies to Rogers, as captain of the vessel. The fact that he was captain, gave him authority to bind the owners in the purchase of supplies, in the absence of any proof qualifying the relation of the parties. Saxton v. Read, Hill & D. Supp. 323, and cases cited.