Legal Opinion

Birkbeck v. The Hoboken Horse Ferry Boats

New York Supreme Court

Decided August 15, 1819PublishedCited by 3 opinions

THIS was a proceeding by attachment, commenced in the Mayor's Court, of the city of New-York, and removed into this court by certiorari, against two horse ferry boats, under the act, sess. 22. c. 1. (1 iV. II.

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THIS was a proceeding by attachment, commenced in the Mayor's Court, of the city of New-York, and removed into this court by certiorari, against two horse ferry boats, under the act, sess. 22. c. 1. (1 iV. II. L. 130. 2 Rev. S. 493.) authorizing the arrest of ships or vessels, for debts contracted by the master, owner, or consignee, for, or on account of, such ships or vessels, in this state ; and the act of the 28th of February, 1817, (sess. 40. c. 60.) amending the former act. The first section of the act, sess. 22. c. 1. provides, “that ships or vessels of all descriptions, built,…

1Opinion of the Court

.Per Curiam.

The plaintiff has proceeded by attachment against two ferry boats, the Hoboken and the Manhattan Island, under the act, (1 N. if, L. 130. 2. If. S. 493.) and it appears that *tbese boats ply between the island of New-York and Hoboken, in the state of New-Jtrsey,

The parties are at issue, on a demurrer to the replications, to which various exceptions have been taken ; but, without considering these exceptions, we are of opinion that the plaintiff’s proceedings cannot be sustained, on the ground that the act, and the one amending the same, (sess. 40, ch. 60.) do not extend to vessels…

2Cited by3 opinions

  1. Phœnix Iron Co. v. Vessels " Hopatcong " & " Musconetcong"New York Court of Appeals · 1891
  2. A Dark Colored Newly Decked Scow-Boat v. LynnWisconsin Supreme Court · 1842
  3. The Joseph E. CoffeeDistrict Court, S.D. New York · 1846

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