Rogers v. Beard
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. In the fall of the year 1856 the plaintiffs repaired a schooner belonging to the defendant Beard, and to enforce their lien, seized the vessel under the title of the revised statutes relative to “proceedings for the collection of demands against ships and vessels.” (2 R. S. 3d ed. 586.) To procure her release, the defendants executed the bond required by the 13th section of that title.
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APPEAL from a judgment entered upon the report of a referee. In the fall of the year 1856 the plaintiffs repaired a schooner belonging to the defendant Beard, and to enforce their lien, seized the vessel under the title of the revised statutes relative to “proceedings for the collection of demands against ships and vessels.” (2 R. S. 3d ed. 586.) To procure her release, the defendants executed the bond required by the 13th section of that title. This action was brought upon that bond. The cause has been twice tried, before a referee. On the first trial the defendants, under objection, gave…
1Opinion of the Court
By the Court,
B. Darwin Smith, J.
The first objection of the defendants’ counsel to the plaintiffs’ right of recovery in this action, that they had no valid or subsisting lien upon the vessel at the time of its seizure, I think is not well taken. The plaintiffs’ claim was for work done and materials furnished for or towards the building, repairing, fitting, furnishing or equipping such ship or vessel. If the plaintiffs establish such debt, it is expressly made, by the statute, a lien upon such ship or vessel, her tackle, apparel and furniture. (2 R. S. 3d ed. 587, § 1.) If the judgment in favor…
2Cases cited2 opinions
- Blanchard v. ElyNew York Supreme Court · 1839
- Freeman v. CluteNew York Supreme Court · 1848
3Cited by2 opinions
- Wood v. CarletonNew York Supreme Court · 1889
- Mitchell v. CornellThe Superior Court of New York City · 1879