Stedman v. Feidler
New York Supreme Court
A PPEAL from a judgment entered on the report of a referee. AX Eli Hart, the intestate, died on the 31st of December, 1845, and was then the owner of one-seventh of the steam boat De Witt Clinton. At the time the supplies hereinafter mentioned were furnished by the plaintiffs, the defendant Feidler, as administrator of Hart, owned one-seventh, and one Wing owned the other six-sevenths of the steam boat.
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A PPEAL from a judgment entered on the report of a referee. AX Eli Hart, the intestate, died on the 31st of December, 1845, and was then the owner of one-seventh of the steam boat De Witt Clinton. At the time the supplies hereinafter mentioned were furnished by the plaintiffs, the defendant Feidler, as administrator of Hart, owned one-seventh, and one Wing owned the other six-sevenths of the steam boat. After Feidler’s appointment as administrator, and in December, 1846, he made-inquiry in relation to this steam boat, and requested his agent at Buffalo to sell his interest in her. She was run…
1Opinion of the Court
By the Court, Greene, J.
This case presents the question whether one part owner of a ship, who has dissented from, and refused to participate or be concerned in any manner, in the running, use, or employment of the ship, or in the expense of such running, by his co-owner, who is notified of such dissent, is liable to third persons for supplies furnished by them, to the managing owner while running the ship, they having no notice, *608at the time of furnishing the supplies, either of the dissenting owner’s interest in, or his dissent from the use of the ship.
a general rule, one part owner may bind…
2Cited by3 opinions
- Scull v. RaymondDistrict Court, S.D. New York · 1883
- Bowen v. PetersSupreme Judicial Court of Maine · 1880
- Wright v. MarshallNew York Court of Common Pleas · 1870