Reports of Cases Argued And Decided in the Supreme Court of Georgia, volume 89

Cover Reports of Cases Argued And Decided in the Supreme Court of Georgia, volume 89
Reports of Cases Argued And Decided in the Supreme Court of Georgia, volume 89
Georgia. Supreme Court
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But it is not in- tended to rule these questions now, because the evi- dence does not show when the defendants, with the exception of Swift and Adams, acquired their interest, Digitized by VjOOQ IC 666 Swift v. Tatner. [89 Ga.
or that they ever had any at all. If either party de- sired a decision on these points, he ought to have shown when the various defendants acquired their ownership.
The court below could not properly charge on mere assumptions, nor can exceptions for review be predi- cate
...d on a purely hypothetical state of facts.
2. One of the principal questions argued before us was, whether the master in this case was in the service of the owners or of the charterer. And as helping to solve that question, the charter-party was claimed by the defendants to be a lease of the vessel to the char- terer whereby he acquired entire possession and control of her navigation, thus becoming the owner pro hac vice, while the plaintiff claimed that it was only a contract of affreightment by which the owners did not transfer possession and ownership pro tempore to the charterer, but retained control of the ship's navigation.


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