Happy v. Mosher
New York Supreme Court
THIS is an appeal from a judgment entered in favor of the plaintiff against the defendants for $408.81, May 3,1866. The action was brought by the plaintiff to recover upon a bond executed by the defendants, after the seizure, by attachment, of a. certain barge, to enforce a lien for lumber claimed to have been furnished by the plaintiff, to the value of $247.64, and used in the construction of said barge, at Bondout, in the county of Ulster.
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THIS is an appeal from a judgment entered in favor of the plaintiff against the defendants for $408.81, May 3,1866. The action was brought by the plaintiff to recover upon a bond executed by the defendants, after the seizure, by attachment, of a. certain barge, to enforce a lien for lumber claimed to have been furnished by the plaintiff, to the value of $247.64, and used in the construction of said barge, at Bondout, in the county of Ulster. The condition of said bond is as follows : “ How the condition of the above obligation is such that if the above bounden Alfred Mosher, John H. Bvertson…
1Opinion of the Court
By the Court, Ingalls, J.
The defendant, Mosher, employed one J ames Caler to construct the barge in question, and in March, 1866, one Lewis Minnerly, who was in the employ of said Caler as his foreman, contracted with the plaintiff on behalf of said Caler and by his authority, for a quantity of chestnut lumber. The evidence Was sufficient to justify the jury in finding that the lumber when delivered was used in the construction of the barge in question. Certainly there was sufficient to justify a submission of that question to the determination of the jury, and their finding ■ must be…
2Cases cited5 opinions
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Noel v. . MurrayNew York Court of Appeals · 1855
- Brehm v. Great Western Railway Co.New York Supreme Court · 1861
- Van Rensselaer v. MorrisNew York Court of Chancery · 1828
- McBride v. Farmers' Bank of SalemNew York Court of Appeals · 1863