The Plymouth Rock
District Court, E.D. New York
The New Jersey Southern Railroad owned several steamers, which in 1873 were plying between Long Branch and New York. The master of one, the Plymouth Rock, ordered canvas to be put over her decks, for which work the libellants [John W. Santbrink and others] charged the vessel upon their books, and renderd a bill therefor on board the vessel. They were referred to the office of the railroad company for payment, and there were asked to take the note of the railroad at GO days.
Read the full summary
The New Jersey Southern Railroad owned several steamers, which in 1873 were plying between Long Branch and New York. The master of one, the Plymouth Rock, ordered canvas to be put over her decks, for which work the libellants [John W. Santbrink and others] charged the vessel upon their books, and renderd a bill therefor on board the vessel. They were referred to the office of the railroad company for payment, and there were asked to take the note of the railroad at GO days. This they consented to do, if the man who furnished them the duck would take it in payment of his bill; and, getting his…
1Opinion of the Court
BENEDICT, District Judge.
This is an action to enforce a lien for certain repairs (putting canvas on decks) of a foreign vessel. The work was done in May, 1873, and its necessity to enable the vessel to transact her business is not denied.
The only defence set up in the answer, is that the work was performed solely .upon the credit of the New Jersey Southern Railroad Company, and not upon the credit of the vessel.
[The evidence shows that the vessel was owned by the New Jersey Southern Railroad Company; that the work in question was ordered by the master of the vessel, whose authority to give…
2Cases cited1 opinion
- United States v. GoldbackU.S. Circuit Court for the District of Eastern Virginia · 1877