Page:United States Reports, Volume 1.djvu/62

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High Court of Errors and Appeals of Pennſylvania.
51

1780.

This ſeems to be aſſigning to this Court a jurſidiction which it has not. We are, therefore, unanimouſly, of opinion, that from the object of the libel it cannot be ſupported.

As to the other point, the diſmiſſion of the captain, we are of opinion, that upon a general retainer, for no particular voyage, the captain may be diſmiſſed at any time without cauſe aſſigned; but that where there is a charter party, bills of lading, and a particular voyage agreed upon, though the owners may diſmiſs the captain, yet they would be liable in a Common Law Court. Suſpicions might probably be ſufficient to diſcharge, without proofs; but, if the diſmiſſion ſhould appear to have been a wanton abuſe, the Jury would give great damages, otherwiſe, little or, as the circumſtances might be—nothing.

We therefore affirm the Decree with Coſts.