Steamboat Raritan v. Smith
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. 1st. The evidence is not sufficient to support the appellee’s claim, either as to duration of services, value of his services, or the amount as ascertained by the verdict. 2nd. The sale of the boat under law process to Jonas Newman, (defending owner,) conveyed to him a clear unembarrassed title discharged of all liens, or at all events of all liens of equal and inferior class or grade. 3rd.
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APPEAL from St. Louis Court of Common Pleas. 1st. The evidence is not sufficient to support the appellee’s claim, either as to duration of services, value of his services, or the amount as ascertained by the verdict. 2nd. The sale of the boat under law process to Jonas Newman, (defending owner,) conveyed to him a clear unembarrassed title discharged of all liens, or at all events of all liens of equal and inferior class or grade. 3rd. Smith’s lien, if he had any, was discharged. 4th. These liens may well be assimilated to and regarded as tacit mortgages. If so, Smith has lost his lien on the…
1Opinion of the CourtScott, J.
This was a proceeding against the Steamboat Raritan, under our statute concerning boats and vessels. The claim was for services rendered as clerk by Smith, and constituted a lien of the first class. The plaintiff recovered judgment, from which the Steamboat appealed.
On the part of the plaintiff evidence was given tending to prove the length of time the plaintiff was employed, and the value of his services. On the 7th December, 1843, the Deputy Sheriff of St. Louis county, seized the boat by virtue of a warrant of that date, and continued in possession of it until the 11th of the month, when…
2Cases cited1 opinion
- Steam-Boat Rover v. StilesIndiana Supreme Court · 1841
3Cited by7 opinions
- Pulliam v. OsborneSupreme Court of the United States · 1855
- Harding v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Ritter v. Steamboat JamestownSupreme Court of Missouri · 1856
- Eldridge v. Steamboat William CampbellSupreme Court of Missouri · 1859
- Smith v. Dunklin CountySupreme Court of Missouri · 1884
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