Halsey v. Brown

Supreme Court of Connecticut
Halsey v. Brown, 3 Day 346 (Conn. 1809)
Tif

Halsey v. Brown

Opinion of the Court

tif the Court.

The question in this ease is, whether evidence of a particular custom or usage can he given in evidence to control a general law.

The general law applicable to the commercial world, ‘ that owners of vessels are answerable for the contracts and conduct of their masters, when acting whir,., -he Scope of their authority, must be admitted. I But as it is a principie, that the general common law may be, and in many instances is, controlled by special custom; so the general commercial law may, by the same reason, be controlled by a special local usas» . so far as that usage extends; which, will operate upon all contracts of this nature, made in view of, or with reference to, such usage. \

We are, therefore, of opinion, that the evidence offered to prove the particular usage in this case was ad» missible.

New trial not to be granted.

Reference

Full Case Name
Silas P. Halsey against Jesse Brown, Jesse Brown, jun. Zebulon P. Burnham, and Dyer Perkins
Cited By
13 cases
Status
Published