Pendleton v. . Franklin
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment had been rendered upon a verdict in favor of the plaintiffs. (Reported below, 3 Sandf. 572.) This was an action of debt upon a bond given by the defendants, to discharge the steamboat Virginia from an attachment for a debt contracted by her master, for work and materials.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment had been rendered upon a verdict in favor of the plaintiffs. (Reported below, 3 Sandf. 572.) This was an action of debt upon a bond given by the defendants, to discharge the steamboat Virginia from an attachment for a debt contracted by her master, for work and materials. The suit was brought in the supreme court, and on a trial before Edmonds, J., there was a verdict for the plaintiffs; and a case having been made for the opinion of the court, it was transferred to the superior court, under the act…
1Opinion of the CourtGardiner, J.
The defendant insisted, that the application by the plaintiff before Judge Edmonds was not sufficient to confer jurisdiction; first, because it set forth the debt to have been contracted by E. C. Driggs, master, owner or agent, without specifying the articles. The 3d section of the statute “for the collection of demands against ships and vessels” provides, that an application may be made by any person having a debt or demand specified in the first section, to any officer, &c., for a warrant. The 4th section declares that such application shall be in writing and shall specify: 1. By whom such…
2Cited by6 opinions
- Gary Hay Grain Co., Inc. v. CarlsonMontana Supreme Court · 1927
- The Hezekiah BaldwinDistrict Court, E.D. New York · 1876
- Durando v. New York & Norwalk Steam-Boat Co.City of New York Municipal Court · 1889
- Coryell v. PerineThe Superior Court of New York City · 1868
- Onderdonk v. VoorhisThe Superior Court of New York City · 1864
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