Farmers' Delight v. Lawrence
New York Supreme Court
Error from the New-York common pleas. Lawrence and Sneden attached the sloop Farmers’ Delight, under the acts authorizing the arrest of ships or vessels for debts, &c.
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Error from the New-York common pleas. Lawrence and Sneden attached the sloop Farmers’ Delight, under the acts authorizing the arrest of ships or vessels for debts, &c. The owner of the sloop appeared and pleaded ; first denying the indebtedness, and secondly that the sloop or vessel “is a small, open, undecked boat, used and employed within the port of New-York, to wit, within the city and county of New-York, and not engaged, used or employed in foreign trade, or in performing voyages coastwise from state to state, or from one port to another port.” The plaintiffs demurred to the latter plea,…
1Opinion of the Court
By the Court,
Sutherland, J.
It was held in Birkbeck v. The Hoboken Horse Ferry Boat, 17 Johns. R. 54, that the acts in question were not applicable to ferry boats plying across the river from New-York to the opposite *565Jersey shore; and it is remarked by the court that the general terms used in the acts of “ ships and vessels of all descriptions, built, repaired or equipped in this slate,” are qualified and restricted by other parts of the acts to such ships or vessels as are intended for the navigation of the ocean; or at all events, to such as sail coastwise from one port to another. Thus the…
2Cases cited1 opinion
- Walker v. BlackwellNew York Supreme Court · 1828
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