Metcalf v. Taylor
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, C. J., presiding. Assumpsit for labor and materials furnished in finishing the top work of a vessel alleged to be owned by the defendants. Shuman and Cox, two of the defendants, were defaulted Taylor and Brown, the other two defendants, resisted the: claim upon the ground that, at the time when the labor and materials were furnished, they had not such ownership of the-vessel as rendered them liable to the action.
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On Report from Nisi Prius, Shepley, C. J., presiding. Assumpsit for labor and materials furnished in finishing the top work of a vessel alleged to be owned by the defendants. Shuman and Cox, two of the defendants, were defaulted Taylor and Brown, the other two defendants, resisted the: claim upon the ground that, at the time when the labor and materials were furnished, they had not such ownership of the-vessel as rendered them liable to the action. It appeared that Shuman and Cox had erected the vessel,, and had nearly completed the hull on the 19th Oct., 1848. Upon that day a written…
1Opinion of the CourtShepley, C. J.
By a written agreement made between the parties, this case is submitted to the decision of the Court upon the testimony reported in the case of Horace Hatch against the same defendants, and upon an admission that the materials and work “ were delivered for the vessel’s top work after the three thousand dollars were paid by the defendants.” By defendants the parties doubtless meant Taylor and Brown, for they were to make the payment to the other defendants, Shuman and Cox, who were to receive it, and who had suffered a default to be entered.
The plaintiff having testified as a witness in the…
2Cited by2 opinions
- McArthur v. BoardSupreme Court of Iowa · 1903
- Thurber v. The FannieDistrict Court, E.D. New York · 1876