Ring v. Franklin
The Superior Court of New York City
Assumpsit to recover the amount of a bill of repairs upon the ship Concordia. The declaration contained the usual counts for work, labour, and materials; a count for goods sold and delivered ; the money counts; and a count upon an account stated. Plea, the general issue. The cause was tried before Mr. Justice Oakley.
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Assumpsit to recover the amount of a bill of repairs upon the ship Concordia. The declaration contained the usual counts for work, labour, and materials; a count for goods sold and delivered ; the money counts; and a count upon an account stated. Plea, the general issue. The cause was tried before Mr. Justice Oakley. At the trial, it appeared, that the repairs, for which the action was brought, were made between the 10th day of September, 1827, and the 5th of June, 1828; and no objection was made as to the items of the plaintiffs’ account. The charges in the books of the plaintiffs, were…
1Opinion of the CourtJones, C. J.
This was an action by the plaintiffs in this suit against the defendant, for work, and labour, and materials found, &c., in repairing the ship Concordia, when she stood in the name of the defendant as ostensible owner, and the defence was, that the defendant was mortgagee out of possession, and therefore not answerable to the plaintiffs for the repairs done by them to her. The question of absolute or qualified ownership, and the fact of possession, were the chief points of litigation at the trial, and to which the testimony was exclusively pointed. The Judge charged the jury, that if they…
2Cited by11 opinions
- Jackson v. LodgeCalifornia Supreme Court · 1868
- Brainerd v. BrainerdSupreme Court of Connecticut · 1843
- Smith v. FerrisNew York Court of Common Pleas · 1860
- Cook v. EatonNew York Supreme Court · 1853
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
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