Bailey v. Steamboat Concordia
Supreme Court of Missouri
•Appeal from St. Louis Court of Common Pleas. Tbe demurrer should have been sustained for two reasons : 1. Tbe complaint does not show that tbe whisky was furnished at any place within the state of Missouri. 2. The demand was not a lien. 6 Mo. Rep. 874. 12 ib. 261, 371, 412. 10 ib. 583. The whisky was furnished to enable the boat to discharge a lien'claim.
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•Appeal from St. Louis Court of Common Pleas. Tbe demurrer should have been sustained for two reasons : 1. Tbe complaint does not show that tbe whisky was furnished at any place within the state of Missouri. 2. The demand was not a lien. 6 Mo. Rep. 874. 12 ib. 261, 371, 412. 10 ib. 583. The whisky was furnished to enable the boat to discharge a lien'claim. This court has decided that money furnished to pay off lien claims constitutes a lien, and will be taken as supplies furnished the boat. If money is thus considered, it is not seen why property furnished for the same purpose should not be.
1Opinion of the CourtRylahd, Judge
This was a proceeding under the statute of this state, against the boat for furnishing supplies, stores, &c., commenced in the St. Louis Court of Common Pleas. The facts stated in the petition are, that the plaintiff furnished the boat with one hundred and six gallons of Irish whisky, in order to enable the boat to fulfill her contract of affreightment with some one, for whom she was carrying a puncheon of Irish whisky ; that the puncheon of whisky -was destroyed by the boat, and being unable to deliver it, at the request of the master of the boat, the plaintiff furnished the one hundred and…
2Cases cited1 opinion
- Bryan & Miltenberger v. Steam Boat "Pride of the West"Supreme Court of Missouri · 1849
3Cited by1 opinion
- Gibbons v. Steamboat Fanny BarkerSupreme Court of Missouri · 1867