Gleim v. Steamboat Belmont
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. That plaintiff’s claim is a lien under the statute. Rev. Stat, of 1845, ch. SO, second division of the 1st section. The use of a barge is a necessary supply and equipment of a steamboat, in low water. If the complaint had alleged indebtedness on account of supplies furnished for the use of the boat, there could be no doubt that the complaint is good.
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ERROR to St. Louis Court of Common Pleas. 1. That plaintiff’s claim is a lien under the statute. Rev. Stat, of 1845, ch. SO, second division of the 1st section. The use of a barge is a necessary supply and equipment of a steamboat, in low water. If the complaint had alleged indebtedness on account of supplies furnished for the use of the boat, there could be no doubt that the complaint is good. Though the word “'supply” is not used, yet a furnishing and equiping is alleged, which is sufficient to bring plaintiff within the statute. Steamboat Gen. Brady vs. Buckley & Randolph, 6 Mo. R., 561.…
1Opinion of the CourtScott, J.
This was an action against the steamboat Belmont for the hire of a barge, which barge was hired to the said boat for her fitting out and equipment. There was a demurrer to the statement, which was sustained, and the only question in the case is, whether the hire of the barge is a material furnished in the equipment of a boat under the second subdivision of the first section of tha act concerning boats and vessels. An object of the statute was to procure a credit for boats for all things necessary to keep them in employment. This Court has held that, under some circumstances, a lighter may be…
2Cited by5 opinions
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- The Dick KeysU.S. Circuit Court for the District of Southern Ohio · 1863
- Taylor v. The Ida MeyerDistrict Court, E.D. New York · 1887
- The FlorenceDistrict Court, E.D. Michigan · 1877