Hiscox v. Harbeck
The Superior Court of New York City
A verdict was taken for the plaintiffs in this action, and an order was made at the trial, that the entry of judgment be suspended, and that the questions of law, presented by the defendants’ exceptions, should be heard at the General Term in the first instance, and judgment be there applied for.
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A verdict was taken for the plaintiffs in this action, and an order was made at the trial, that the entry of judgment be suspended, and that the questions of law, presented by the defendants’ exceptions, should be heard at the General Term in the first instance, and judgment be there applied for. This is an action on a bond given by the defendants to procure the discharge of a vessel from an attachment, issued under the provisions of the Revised Statutes relating to the collection of demands against ships and vessels, and was tried before Mr. Justice Bosworth, and a jury, on the 13th of…
1Opinion of the CourtBy the Court. Hoffman, J.
The statute under which the present claim is to be sustained, if at all tenable, provides: “ That whenever a debt, amounting to fifty dollars, or upwards, shall be contracted by the master, owner, agent, or consignee of any ship or vessel within this state, for or on account of any work done, or materials or articles furnished in this state for or towards the building, repairing, etc., such ship or vessel, such debt shall be a lien upon the said ship or vessel, and shall be preferred to all other liens thereon, except mariner’s wages.” (2 R. S. 493, § 1.)
Two points are, then, to be…
2Cases cited1 opinion
- Hubbell v. Denison & BuckleyNew York Supreme Court · 1838
3Cited by4 opinions
- Myles v. The James H. PrenticeDistrict Court, E.D. Michigan · 1888
- Thurman v. KyleSupreme Court of Georgia · 1884
- Mullin v. HicksNew York Supreme Court · 1867
- Moores v. LuntNew York Supreme Court · 1874