Underwriters' Wrecking Co. v. The Katie
U.S. Circuit Court for the District of Louisiana
[Appeal from the district court of the United States for the district of Louisiana.] The steamboat Katie was built by one J. •M. White, her owner, at Louisville, Kentucky, in the year 1870. After she was launched. John B. Davis performed labor and furnished materials in equipping the boat with boilers, engine, etc. His bill amounted to somewhat more than $50,000. His contract with White was that he was to be paid mainly in cash and the residue in drafts on one .T.
Read the full summary
[Appeal from the district court of the United States for the district of Louisiana.] The steamboat Katie was built by one J. •M. White, her owner, at Louisville, Kentucky, in the year 1870. After she was launched. John B. Davis performed labor and furnished materials in equipping the boat with boilers, engine, etc. His bill amounted to somewhat more than $50,000. His contract with White was that he was to be paid mainly in cash and the residue in drafts on one .T. Pinckney Smith, of New Orleans. After the work was done by Davis, he received drafts on Smith, which Smith accepted, for the…
1Opinion of the Court
WOODS, Circuit Judge.
A consideration of the evidence in this case satisfies me that the debt due to Davis for his work done and materials furnished for the Katie was novat-ed by the taking of the drafts of White on J. Pinckney Smith. The only parties to the contract for furnishing engine and boiler for the boat were J. M. White, her owner, and J. B. Davis. Davis was not examined, but White, who was, testified distinctly and repeatedly that the drafts drawn by him on J. Pinckney Smith were received by Davis in payment and settlement of the balance due Davis, and that their contract was that…
2Cases cited6 opinions
- Walton & Son v. BemissSupreme Court of Louisiana · 1840
- Lee v. His CreditorsSupreme Court of Louisiana · 1847
- Cammack v. GriffinSupreme Court of Louisiana · 1847
- J. Swasey & Co. v. MontgomerySupreme Court of Louisiana · 1857
- White v. McDowellSupreme Court of Louisiana · 1849
1 more not listed; retrieve them via the Exa API.