De Witt v. Burnett
New York Supreme Court
This was an action of covenant, tried at the Erie circuit in January, 1847, and was brought here by a bill of -exceptions ; which shows, that on the 28th day of July, 1841, at Buffalo, Burnett, the defendant, sold and delivered to De Witt, the plaintiff, three-eighths of the brig Queen Charlotte, and gave the plaintiff a covenant by which he (Burnett) in consideration of one dollar to him in hand paid by the plaintiff, covenanted and. agreed to pay off and discharge, within…
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This was an action of covenant, tried at the Erie circuit in January, 1847, and was brought here by a bill of -exceptions ; which shows, that on the 28th day of July, 1841, at Buffalo, Burnett, the defendant, sold and delivered to De Witt, the plaintiff, three-eighths of the brig Queen Charlotte, and gave the plaintiff a covenant by which he (Burnett) in consideration of one dollar to him in hand paid by the plaintiff, covenanted and. agreed to pay off and discharge, within ten days from that date, all debts, claims, and liens, then existing against the said brig, which had been contracted…
1Opinion of the Court
By the Court,
Mullettj J.
It is not necessary to consider thefirst proposition upon which the judge was requested to charge the jury; The plaintiff did not put his right to recover in the common pleas of Cuyahoga county, on the ground that Atwa-ter & Williams’ account was a lien on the brig, by the laws of this state 5 nor did he pretend that the courts of Ohio assumed to enforce this claim, as a lien under our statute. It was not denied that if the account of Atwater & Williams ever was a lien under the laws of this state, it ceased to be so when the vessel left the state. (1 R. IS. 493; § 2.)…
2Cases cited1 opinion
- Starbuck v. MurrayNew York Supreme Court · 1830
3Cited by6 opinions
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Hartford Accident & Indemnity Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Stedman v. PatchinNew York Supreme Court · 1861
- Lowry v. InmanThe Superior Court of New York City · 1869
- Crippen v. DexterMassachusetts Supreme Judicial Court · 1859
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