Flanders v. Merritt
New York Supreme Court
This action was brought against the defendant, as owner of the sloop Emigrant, for supplies furnished to one Brintnall, as master of the vessel. It was tried before a referee, who reported in favor of the defendant. The plaintiffs moved to set aside the report.
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This action was brought against the defendant, as owner of the sloop Emigrant, for supplies furnished to one Brintnall, as master of the vessel. It was tried before a referee, who reported in favor of the defendant. The plaintiffs moved to set aside the report. It was proved, before the referee, that the plaintiffs, in 1843, furnished, for the use of the vessel, upon the order of Brintnall, supplies to the amount of $67,03. A certificate of the enrolment of the vessel in the name of the defendant, on the first day of November, 1842, was produced, and the books of the custom house showed that…
1Opinion of the Court
By the Court,
Haréis, J.
The bill of sale of the vessel from Brintnall to the defendant seems to have been absolute, and on the first of November, 1842, the defendant having made oath that he was sole owner, had the vessel registered in his own name. The vessel in fact remained in the possession of Brintnall until November, 1843, when the defendant took actual possession and afterwards sold it, as owner. Upon this state of facts, I think the defendant was to be regarded as owner at the time the supplies were furnished by the plaintiffs. I understand he was so regarded by the referee. But,…
2Cited by3 opinions
- Provost v. . PatchinNew York Court of Appeals · 1853
- Ford v. CrockerNew York Supreme Court · 1866
- Durando v. New York & Norwalk Steam-Boat Co.City of New York Municipal Court · 1889