Donald & Co. v. Hewitt
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. "Wade Keyes. The original bill in this case was filed by Schnetz k Hewitt, of Louisville, Kentucky, on the 3d August, 1850. Its object was to enforce and assert a lien on the steamboat J. Morrisette, then lying at the wharf in Montgomery; to enjoin further proceedings under certain attachments and libels, which had been levied on said boat, in favor of sundry creditors of the boat and her owners; to have the…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. "Wade Keyes. The original bill in this case was filed by Schnetz k Hewitt, of Louisville, Kentucky, on the 3d August, 1850. Its object was to enforce and assert a lien on the steamboat J. Morrisette, then lying at the wharf in Montgomery; to enjoin further proceedings under certain attachments and libels, which had been levied on said boat, in favor of sundry creditors of the boat and her owners; to have the complainants’ lien declared superior to that of the other creditors, and for a sale of the boat to satisfy their…
1Opinion of the Court
WALKED, J.—
The complainants in the original bill, Schnetz & Hewitt, and Thomas Moore, one of the respondents, at Louisville in the State of Kentucky, made a written contract under seal, whereby the former agreed to make an engine, and put it on board of a certain boat; and the latter agreed to pay therefor $3,400 during the progress of the work, and, besides, to give three “ notes or *545acceptances ” for equal amounts, making together the sum of $8,400. The writing concludes with a stipulation, that for the better security of the payment “ of the said notes,” Sehnetz & Hewitt were to retain a…
2Cases cited20 opinions
- In re HoweNew York Court of Chancery · 1828
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
- Boyd v. BeckSupreme Court of Alabama · 1857
- Conner v. BanksSupreme Court of Alabama · 1850
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3Cited by43 opinions
- Wells v. MorrowSupreme Court of Alabama · 1861
- Knighton v. CurrySupreme Court of Alabama · 1878
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Mobile Building & Loan Ass'n v. RobertsonSupreme Court of Alabama · 1880
38 more not listed; retrieve them via the Exa API.