Mott v. . Lansing
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Lans., 516.) This was an action upon a bond, executed by defendants, given to discharge a canal boat from a warrant of attachment.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Lans., 516.) This was an action upon a bond, executed by defendants, given to discharge a canal boat from a warrant of attachment. The referee found the following facts, among others: That, in the month of May, 1868, the plaintiff, who was then engaged in building and repairing canal boats at Fort Edward, Washington county, at the request of one Lewis Ketchum made repairs and furnished materials in…
1Concurrence
The only material question in this case is whether the agreement, on the part of the plaintiff, that Ketchum might take the boat when the repairs should be completed and run her to Whitehall and from thence remit fifty dollars, which it was supposed would be accomplished within about three days after the departure of the boat, was a waiver of his statute lien for that amount. The referee has found, as a fact in the case, that the work and materials to this amount were not done and furnished upon the credit of Ketchum, and, impliedly, that it was done relying upon the security of his statute…
2Cases cited1 opinion
- Veltman v. . ThompsonNew York Court of Appeals · 1850