Vose v. Cockroft
New York Supreme Court
THIS action wap brought upon a bond given by the defendants, for the purpose of releasing the brig Jcichin from an attachment issued against her upon the application of the plaintiff to enforce an alleged lien for supplies, furnished said vessel by the plaintiffs. The supplies consisted of a hill of provisions, furnished by the plaintiffs for the brig JacJiin, for a voyage she was about to make from the port of New York to Trinidad.
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THIS action wap brought upon a bond given by the defendants, for the purpose of releasing the brig Jcichin from an attachment issued against her upon the application of the plaintiff to enforce an alleged lien for supplies, furnished said vessel by the plaintiffs. The supplies consisted of a hill of provisions, furnished by the plaintiffs for the brig JacJiin, for a voyage she was about to make from the port of New York to Trinidad. The cause was tried on the 5th day of November, 1863, before Mr. Justice Albeit, without a jury; who found as matter of fact, that in the month of March, 1859,…
1Opinion of the Court
Leonard, J.. The contract between Lovcjoy, the master, and Gockrqft, the owner, was not a chartering of the vessel; but was a mode for fixing the wages of the master. He was to take a share of the gross earnings, from which he was to bear certain expenses of running the vessel; and this share he was to receive “as wages.” There is no‘time fixed for the continuance of the agreement. The owner could remove the master at any time, without his consent; and it appears that he finally did so, having the supplies furnished by the plaintiffs, then on board, for which they never had been paid, and of…
2Cases cited1 opinion
- Kenzel v. KirkNew York Supreme Court · 1861
3Cited by3 opinions
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Nelson v. Western Steam Navigation Co.Washington Supreme Court · 1909
- Durando v. New York & Norwalk Steam-Boat Co.City of New York Municipal Court · 1889