Higgins v. Packard
The Superior Court of New York City
Assumpsit to recover the sum of $287.25, with interest from the 21st of May, 1825, for work, labour, &c. in rigging the ship Russell, alleged to have been owned by the defendants. Plea, the general issue. The cause was tried before the Chief Justice, on the 4th of February, 1829. At the trial, the principal question in dispute was, whether the defendant, Packard, was in fact the owner of any part of the vessel at the time the plaintiff’s services were performed.
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Assumpsit to recover the sum of $287.25, with interest from the 21st of May, 1825, for work, labour, &c. in rigging the ship Russell, alleged to have been owned by the defendants. Plea, the general issue. The cause was tried before the Chief Justice, on the 4th of February, 1829. At the trial, the principal question in dispute was, whether the defendant, Packard, was in fact the owner of any part of the vessel at the time the plaintiff’s services were performed. The defendants insisted, that the amount claimed was due to the plaintiff from such persons only as owned the ship at the time the…
1Opinion of the Court
Oakley J.
This case comes before us on a verdict subject to the opinion of the court. The action is to recover the amount of a bill for work, in rigging the ship Russell, in the month of May, 1825 ; and the principal question of fact to be determined is, whether Packard was a part owner of the ship, at the time the work was done. The ownership of the other defendants is admitted.
I am satisfied, on a careful examination of the case, that the decided weight of the evidence is, that Packard had no interest in the ship, when the plaintiff’s demand for work accrued. The testimony of H. W. Barstow,…
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