Mott v. . Lansing
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Lans., 516.) This was an action upon a bond, executed by defendants, given to discharge a canal boat from a warrant of attachment.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 5 Lans., 516.) This was an action upon a bond, executed by defendants, given to discharge a canal boat from a warrant of attachment. The referee found the following facts, among others: That, in the month of May, 1868, the plaintiff, who was then engaged in building and repairing canal boats at Fort Edward, Washington county, at the request of one Lewis Ketchum made repairs and furnished materials in…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The various exceptions taken to the mode in which the plaintiff proved his claim can be of no avail here, as the referee only allowed fifty dollars of the claim, and that there was so much due was not disputed on the trial. Two defences were relied upon on the trial, one that the work upon the boat was done upon the personal credit of the owner, Ketchum, and the other, that the plaintiff gave about three days' time of payment for the fifty dollars. Unless one or…
2Cases cited2 opinions
- Happy v. . MosherNew York Court of Appeals · 1872
- Veltman v. . ThompsonNew York Court of Appeals · 1850
3Cited by6 opinions
- King v. . GreenwayNew York Court of Appeals · 1877
- Berwind-White Coal Mining Co. v. Metropolitan S. S. Co.U.S. Circuit Court for the District of Maine · 1908
- Jones v. MooresNew York Supreme Court · 1893
- Sarmiento v. Catherine C.Michigan Supreme Court · 1896
- In re FromentAppellate Division of the Supreme Court of the State of New York · 1908
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