Gager v. . Babcock
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming judgment in favor of plaintiff entered upon the decision of the court. The action was brought to recover the sum of $675, which plaintiff alleged he had been compelled to pay as surety upon an appeal bond executed for the benefit of defendant. The facts are as follows: John Adams built a steam-tug, called the L. L. Britton, and owned and managed her as master.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming judgment in favor of plaintiff entered upon the decision of the court. The action was brought to recover the sum of $675, which plaintiff alleged he had been compelled to pay as surety upon an appeal bond executed for the benefit of defendant. The facts are as follows: John Adams built a steam-tug, called the L. L. Britton, and owned and managed her as master. Becoming embarrassed financially, he induced the defendant to take the title to her, and had her enrolled and licensed in his name.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant was the mere nominal owner of the vessel; and as between him and Adams the latter appears to have been the beneficial owner controlling the vessel and receiving her entire earnings. At the time of the seizure of this vessel the plaintiff also owned a vessel which was seized for a similar offence, and he proposed to Adams that if he would procure a surety for him, he, plaintiff, would sign for him, Adams. Adams then did procure a surety for him and…
2Cited by4 opinions
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Swift v. TatnerSupreme Court of Georgia · 1892
- May v. HurleySupreme Court of New Jersey · 1909
- Dowd v. HughesAppellate Division of the Supreme Court of the State of New York · 1916