Legal Opinion

Lord v. Ferguson

Superior Court of New Hampshire

Decided December 15, 1838PublishedCited by 1 opinion

Assumpsit, to recover for repairs made upon the brig Augusta by the plaintiffs, between Oct. 22, and Nov. 17, 1835. It appeared in evidence, that prior to March 13,1835, the brig Augusta was owned by Charles Cushing. On that day he executed a bill of sale of the vessel to the defendant, and left the same at the custom-house in Portsmouth, where it remained until March, 1836. At the time it was executed the vessel was absent on a voyage to the West-Indies.

Read the full summary

Assumpsit, to recover for repairs made upon the brig Augusta by the plaintiffs, between Oct. 22, and Nov. 17, 1835. It appeared in evidence, that prior to March 13,1835, the brig Augusta was owned by Charles Cushing. On that day he executed a bill of sale of the vessel to the defendant, and left the same at the custom-house in Portsmouth, where it remained until March, 1836. At the time it was executed the vessel was absent on a voyage to the West-Indies. On her return she was entered by Cushing, who afterwards cleared her for another voyage, in December, 1835, since which she has not been in…

1Opinion of the CourtUp ham, J.

The authorities seem conclusive that the mortgagee of a vessel, who has not taken possession, is not liable for repairs made, or necessaries furnished to the vessel on the credit of the mortgagor, or other person having the equitable title.

“ The question,” says Chancellor Kent, in his invaluable Commentaries, “ resolves itself into the enquiry, whether ‘ the circumstances afford evidence of a contract express or ‘ implied, as regards mortgagees not in possession ? If the ‘ claimant dealt with the mortgagor solely as owner, he can- ‘ not look to the mortgagee. To whom the credit was given :…

2Cases cited3 opinions

  1. M'Intyre & Bradford v. ScottNew York Supreme Court · 1811
  2. D'Wolf v. HarrisU.S. Circuit Court for the District of Massachusetts · 1827
  3. Fisher v. WillingSupreme Court of Pennsylvania · 1822

3Cited by1 opinion

  1. Donna Mitchell v. Seaborne HospitalDistrict Court, D. New Hampshire · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API