Kohler v. Wright
The Superior Court of New York City
o This action was brought by the plaintiff to recover from the defendants, as owners of the schooner “William B. Marsh,” for services, and also for moneys paid out for their benefit. He had been mate of the vessel until March, 1856 ; down to which date, one of the part owners, the defendant Decker, was the captain or master. On and after that date, the plaintiff was employed and sailed the vessel as master.
Read the full summary
o This action was brought by the plaintiff to recover from the defendants, as owners of the schooner “William B. Marsh,” for services, and also for moneys paid out for their benefit. He had been mate of the vessel until March, 1856 ; down to which date, one of the part owners, the defendant Decker, was the captain or master. On and after that date, the plaintiff was employed and sailed the vessel as master. While employed as master, the plaintiff paid a' bill to one Francis, for cups and saucers, broom, paints, putty and other small articles, furnished by Francis for the use of the vessel,…
1Opinion of the CourtBy the Court. Woodruff, J.
—This action was brought by the plaintiff to recover from the defendants, as owners *325of the vessel called “ The William Marsh,” for services, and also for moneys paid, laid out and expended for the use of the defendants, and at their request.
He has recovered judgment for the moneys paid out by him and interest thereon, and for those moneys only.
The referee before whom the action was tried, finds as facts proved before him, that the defendants were owners of the vessel during the year 1855, and afterwards during the periods mentioned in the complaint herein; and that down to March 29, 1856, one…
2Cases cited2 opinions
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- Chapman v. DurantMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Wright v. MarshallNew York Court of Common Pleas · 1870