West Point Foundry Ass'n v. Brown
New York Court of Chancery
The present suit was brought to try and fix the defendants, as partners in a joint stock company, with a debt of three thousand five hundred dollars, contracted in repairs upon the steamboat “ Matilda.” These repairs were done upon the request of the defendant, John Voorhis, and at a time when he appeared by the records at the custom-house as owner of the boat.
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The present suit was brought to try and fix the defendants, as partners in a joint stock company, with a debt of three thousand five hundred dollars, contracted in repairs upon the steamboat “ Matilda.” These repairs were done upon the request of the defendant, John Voorhis, and at a time when he appeared by the records at the custom-house as owner of the boat. There had been a proposition to turn the barge “ Matilda” into a steamboat, and ply her between Sing Sing and New-York. The defendants had had meetings, and subscribed for stock. There was a hope that a charter could be had ; but as…
1Opinion of the Court
The Vice-Chancellor :
It appears that the defendants did not become part owners with Voorhis of the vessel. Such was not their object; nor was it his intention to make them joint owners with him of integral parts of the vessel, *285either while she remained a barge or after she should be converted into a steamboat. The legal title and control and man- - ,agement of the vessel was to remain and did remain in V oorhis, as is shown by his taking the oaths of ownership att he custom house, on two occasions, before and after she was altered into a steamer. The object was, to create a fund by a joint…
2Cited by2 opinions
- Schantz v. . OakmanNew York Court of Appeals · 1900
- Kenefick v. Co-operative Building BankNew York Supreme Court · 1909