Green v. Pickering
Superior Court of New Hampshire
Assumpsit. The writ is dated February 7th, 1852. On the day of its date the schooner Linda, then lying in Portsmouth harbor, was attached upon it. The precept in the writ to the sheriff is, “ to attach the goods and estate of the defendant, together with the schooner called the Linda, lying at Union wharf, in said Portsmouth.”
Read the full summary
Assumpsit. The writ is dated February 7th, 1852. On the day of its date the schooner Linda, then lying in Portsmouth harbor, was attached upon it. The precept in the writ to the sheriff is, “ to attach the goods and estate of the defendant, together with the schooner called the Linda, lying at Union wharf, in said Portsmouth.” The declaration is indebitatus assumpsit for the labor and services of the plaintiff’ and his servants done and performed, and for materials furnished by the plaintiff, at the request of the defendant, in repairing and fitting said schooner Linda. Plea the general…
1Opinion of the CourtGilchrist, C. J.
The action is brought to recover the amount of the plaintiff’s bill for labor and materials furnished in repairing the schooner Linda.
For this he has a lien on the vessel for the space of four days, and the lien may be secured by attachment. Comp. Laws ch. 139, §§ 1, 2.
The owner of the vessel, consequently, must hold it subject to this lien, and cannot have the control of it until the lien is discharged. There is a cloud upon his title which would hinder his conveying the vessel, and would detract from the value of the property in the market.
Peirce owned the schooner, and was offered as a…
2Cases cited2 opinions
- Bartlett v. TrefethenSuperior Court of New Hampshire · 1843
- Latham v. KennistonSuperior Court of New Hampshire · 1842