Moores v. Lunt
New York Supreme Court
Appeal by defendants from a judgment in favor of plaintiffs. The action was brought by Charles W. Moores and others, against Benjamin P. Lunt and others, upon a bond given to discharge an attachment issued against the steamship “ The Metropolis.” The opinion states the casé.
1Opinion of the CourtDavis, P. J.
This is an appeal from a judgment entered upon an order overruling demurrer to the complaint. The grounds of demurrer stated áre: First, that the court has no jurisdiction of the subject of the action. Second, that the complaint does not state facts sufficient to constitute a cause of action.
The complaint avers that about the 18th of July, 1871, one Manson was the builder of an unfinished steamship or vessel, now called' and known by the name of the Metropolis, then lying upon the stocks and in the course of construction at Newburyport, in the State of Massachusetts; that said Manson, being…
2Cases cited2 opinions
- Phillips v. WrightThe Superior Court of New York City · 1852
- Hiscox v. HarbeckThe Superior Court of New York City · 1858