Merritt v. . Walsh
New York Court of Appeals
This action was brought in the Superior Court of the City of Yew York by four persons, claiming to be part owners of the brig Crimea, J. P. Stinson, master, to recover against the defendants the plaintiffs’ proportion of the freight and demurrage earned by the vessel on a voyage from Cardenas to the port of Yew York, where she arrived in June, 1857; and which money had been collected by the defendants as agents of the owners of the vessel.
Read the full summary
This action was brought in the Superior Court of the City of Yew York by four persons, claiming to be part owners of the brig Crimea, J. P. Stinson, master, to recover against the defendants the plaintiffs’ proportion of the freight and demurrage earned by the vessel on a voyage from Cardenas to the port of Yew York, where she arrived in June, 1857; and which money had been collected by the defendants as agents of the owners of the vessel. The complaint sets out the respective shares which each of the plaintiffs owned, two of them owning one-sixteenth each, and the two others each one-eighth.…
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 former account against the brig and her owners, which accrued in 1855, must be regarded as having been paid prior to 1857, when the present demand accrued. The defendants at the time drew upon the house of Arnold Co., at Bath, for the amount of that account, and the draft was accepted by the payees and paid by them in cash. The acceptances which the defendants loaned to Arnold Co. did not bind, or in any way affect the present plaintiffs. Although they were…
2Cited by8 opinions
- Mitchell v. ChambersMichigan Supreme Court · 1880
- Davis v. ChouteauSupreme Court of Minnesota · 1884
- Brown v. CherryNew York Supreme Court · 1870
- Draper v. Town of SpringportDistrict Court, N.D. New York · 1883
- Carver v. Miller & Houghton, Inc.New York Supreme Court · 1923
3 more not listed; retrieve them via the Exa API.