Schemerhorn v. Loines
New York Supreme Court
THIS was, an action of assumpsit, brought to recover the price of certain articles of ship chandlery, supplied by the plaintiffs, as ship chandlers, in May, 1806, for the ship Eleanor. The cause was tried before Mr. Justice Yates, at the New-York sittings, in December, 1809. The goods were furnished by the plaintiffs for the use of the ship, between the 16th and 27th May, 1806, and were delivered to Benjamin Lord, the master and one of the defendants.
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THIS was, an action of assumpsit, brought to recover the price of certain articles of ship chandlery, supplied by the plaintiffs, as ship chandlers, in May, 1806, for the ship Eleanor. The cause was tried before Mr. Justice Yates, at the New-York sittings, in December, 1809. The goods were furnished by the plaintiffs for the use of the ship, between the 16th and 27th May, 1806, and were delivered to Benjamin Lord, the master and one of the defendants. The articles were ordered for the use of the ship, by George Townsend, since deceased. The articles were charged in the books of the plaintiffs…
1Per curiam
The defendants were liable as owners, and the plaintiffs .have done nothing to discharge them. The taking of the note of Townsend, and giving a receipt in full, is no extinguishment of the original debt, unless the note was paid. There is no evidence that the plaintiffs knew that the other defendants were part owners. The case of Reed v. White proceeds on the ground that the plaintiff had taken the ship’s husband, *314exclusively br his debtor, knowing there were other owners, and after a settlement of accounts between them and the ship's husband.
The plaintifTh are entitled to judgment.
Jud~ment…
2Cited by24 opinions
- Muldon v. WhitlockNew York Supreme Court · 1823
- The ChusanU.S. Circuit Court for the District of Massachusetts · 1843
- Griffith v. GroganCalifornia Supreme Court · 1859
- Tyner v. StoopsIndiana Supreme Court · 1858
- Poole & Co. v. RiceWest Virginia Supreme Court · 1876
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