Bryan v. Bowles
New York Court of Common Pleas
This was an action commenced in the Marine Court, to .charge the defendant for certain supplies furnished to the brig Ida Baynes, in the month of September, 1857. The defendant denied that in the month of September, 1857, he was the owner of the brig, or promised to pay for such supplies. On the trial, the plaintiff offered in evidence the registry of the brig, dated March 7th, 1857, and also an affidavit of ownership, made December 21, 1857, by the defendant.
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This was an action commenced in the Marine Court, to .charge the defendant for certain supplies furnished to the brig Ida Baynes, in the month of September, 1857. The defendant denied that in the month of September, 1857, he was the owner of the brig, or promised to pay for such supplies. On the trial, the plaintiff offered in evidence the registry of the brig, dated March 7th, 1857, and also an affidavit of ownership, made December 21, 1857, by the defendant. Also a bill of sale absolute on its face, from the, former owners of the brig, dated June 27th, 1856. They also proved the delivery of…
1Opinion of the Court
By the Court.
Hilton, J.
The plaintiffs’ right to recover depended upon their establishing that the supplies were furnished upon the credit of the vessel, and that at the time the defendant was owner.
The evidence on -their behalf showed that the supplies were furnished in September, 1857, to the vessel, upon the order of her captain, and afterwards, while the vessel was at sea, on the bill being presented to the defendant, he promised to pay it when the captain arrived and saw the papers. Also, that in June, 1856, a bill of sale of the vessel was made and delivered to the defendant, by…
2Cases cited5 opinions
- M'Intyre & Bradford v. ScottNew York Supreme Court · 1811
- Ring v. FranklinThe Superior Court of New York City · 1829
- Thorn & Thorn v. HicksNew York Supreme Court · 1827
- Sharp v. United InsuranceNew York Supreme Court · 1817
- Hesketh v. StevensNew York Supreme Court · 1849
3Cited by1 opinion
- Van Pelt v. OtterThe Superior Court of New York City · 1870