Carman Merchants Shaw v. Scribner
Superior Court of Delaware
This was an action of assumpsit for copper, brass and yellow metal to the value of $833.07, furnished and supplied by the plaintiff's in the building of an hermaphrodite brig, and charged to her in their books, as “ The Horton & Stearly Brig,” and which was built at Milford by the defendant and owned by him.
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This was an action of assumpsit for copper, brass and yellow metal to the value of $833.07, furnished and supplied by the plaintiff's in the building of an hermaphrodite brig, and charged to her in their books, as “ The Horton & Stearly Brig,” and which was built at Milford by the defendant and owned by him. The suit was commenced by a writ of attachment sued out under the mechanics’ lien law and laid on the vessel soon after she was launched, to which the defendant had given bail, whereupon the attachment was dissolved and the declaration was filed by them in this action against him. On the…
1Opinion of the Court
The Court
sustained the demurrer, and said that the statute under which the case had arisen, provided that the suit should proceed after the entry of bail and dissolution of the attachment, as in other cases of assumpsit for work and labor, or goods sold and delivered, and this was nothing more than a common count in such an action for ma terials furnished, by the plaintiffs, as alleged in it, to the defendant and used by him in the construction of a vessel as stated. But it wholly omits to allege that they were furnished at his instance or request, which was essentially contrary to the well…
2Cases cited1 opinion
- State v. McDanielSuperior Court of Delaware · 1877