Johnson v. Steam-Boat Sandusky
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The steam-boat Sandusky was attached under the acts authorizing the arrest of ships or vessels for debts, &c. The plaintiff declared for work and labor in and about the building, repairing, fitting, furnishing and equipping the steamboat, and finding and providing her wish supplies, materials and other necessary things.
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This was an action of assumpsit, tried at the Albany circuit in September, 1829, before the Hon. William A. Duer, then one of the circuit judges. The steam-boat Sandusky was attached under the acts authorizing the arrest of ships or vessels for debts, &c. The plaintiff declared for work and labor in and about the building, repairing, fitting, furnishing and equipping the steamboat, and finding and providing her wish supplies, materials and other necessary things. To the declaration was attached an account consisting of various items, viz. for wood; cash paid for carting of same, for rent of…
1Opinion of the Court
By the Court,
Sutherland, J.
The money paid the sheriff to liberate the boat from the execution under which he held her cannot be recovered in this form of proceeding. The object of the act xvai to give a preference to a particular class of debts incurred in the building and equipping of vessels, and not to give a general lien for all advances made for the benefit of the owners in respect to the vessel. It would hardly be contended that the butcher, or baker, or grocer, who supplied a steam boat, would have a lien under this act. The supplies contemplated by the act, it appears to me, must be…
2Cited by9 opinions
- Lewis v. Schooner ClevelandOhio Supreme Court · 1843
- Crooke & Fowke v. SlackNew York Supreme Court · 1838
- In re FromentAppellate Division of the Supreme Court of the State of New York · 1905
- A Dark Colored Newly Decked Scow-Boat v. LynnWisconsin Supreme Court · 1842
- Canal-boat Huron v. SimmonsOhio Supreme Court · 1842
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