Scott v. . Delahunt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 5 Ians., 372.) The action was brought to foreclose a lien upon a canal boat for .repairs. John Minney, the owner, and the appellants, mortgagees of the boat, were made defendants. The mortgagees alone defended.
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Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court at Special Term. (Reported below, 5 Ians., 372.) The action was brought to foreclose a lien upon a canal boat for .repairs. John Minney, the owner, and the appellants, mortgagees of the boat, were made defendants. The mortgagees alone defended. The court found the following facts: That the plaintiffs were, during the year 1870, copartners, in the city of Oswego, engaged in the business of building and repairing canal…
1Opinion of the Court
Earl, C.
There was no motion at the trial for a nonsuit, or a dismissal of the complaint, and there was no request made by defendants for any further or different findings of fact. The only exception was to the finding of law by the judge, that plaintiffs’ lien for repairs was superior to that of defendants’ mortgage, and the only question for our consideration is, whether, upon the facts found, this finding of law was correct.
• ■ It is not disputed that the plaintiffs had a lien upon the boat for the repairs, 'as against Minney, the owner, while they retained her in their possession. All…
2Cases cited1 opinion
- Bissell v. . PearceNew York Court of Appeals · 1863
3Cited by17 opinions
- Watts v. SweeneyIndiana Supreme Court · 1891
- Texas Bank Trust Co. of Beaumont v. SmithTexas Supreme Court · 1917
- Corning v. AshleyNew York Supreme Court · 1889
- Kirtley v. MorrisMissouri Court of Appeals · 1891
- Meyers v. Neeley & Ensor Auto Co.Court of Appeals of Maryland · 1923
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