Legal Opinion

Dugan v. Pentz

District Court, D. Maryland

Decided March 15, 1869PublishedCited by 1 opinion

This libel [in personam] was filed to recover the value of repairs to the boilers and machinery of the steamer Massachusetts, made by the libellant in the years 1866 and 1867. The libel states that it is filed agaiust defendants, as the owners of the said steamer, for repairs to said steamer in the years 1866 and 1867, which repairs were made at the request of the master of the said steamer. To this libel no answer has been filed by Samuel J. Pentz, but John TV.

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This libel [in personam] was filed to recover the value of repairs to the boilers and machinery of the steamer Massachusetts, made by the libellant in the years 1866 and 1867. The libel states that it is filed agaiust defendants, as the owners of the said steamer, for repairs to said steamer in the years 1866 and 1867, which repairs were made at the request of the master of the said steamer. To this libel no answer has been filed by Samuel J. Pentz, but John TV. D. Pentz has filed an answer, in which he states that in the years 1866 and 1867 the said boat was in the exclusive possession of…

1Opinion of the Court

GILES, District Judge.

Upon these facts I am called upon to decide whether they show a case in which John AY. D. Pentz is liable as owner of said steamer for repairs, made by the request and direction of her master. There is no evidence in this case that the libellant made the repairs on the credit of the said John AY. D. Pentz, or, indeed, that he (libellant) knew when he made said repairs that John AAr. D. Pentz held the legal title to a moiety of said vessel, or that she was registered in his and Samuel J. Pentz’s names.

Now it has been repeatedly decided, that although the conveyance of the…

2Cases cited4 opinions

  1. MacY v. . WheelerNew York Court of Appeals · 1864
  2. Ring v. FranklinThe Superior Court of New York City · 1829
  3. Starr v. KnoxSupreme Court of Connecticut · 1817
  4. Duff v. BayardSupreme Court of Pennsylvania · 1842

3Cited by1 opinion

  1. Dorgan v. PentzU.S. Circuit Court for the District of Wisconsin · 1860

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