Legal Opinion

King v. Lowry

New York Supreme Court

Decided September 3, 1855PublishedCited by 2 opinions

APPEAL by the defendants Lowry and Jarvis from a judgment entered upon the report of a referee. The referee found and reported the following facts: that at the time alleged in the complaint, each of the defendants in this cause was a part owner of the steamship Pacific, which was then being fitted out for a voyage to California; that at the request of the defendant Brown, the plaintiffs sold to the owners of said ship, and delivered" on board of the same as supplies or ship…

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APPEAL by the defendants Lowry and Jarvis from a judgment entered upon the report of a referee. The referee found and reported the following facts: that at the time alleged in the complaint, each of the defendants in this cause was a part owner of the steamship Pacific, which was then being fitted out for a voyage to California; that at the request of the defendant Brown, the plaintiffs sold to the owners of said ship, and delivered" on board of the same as supplies or ship stores, for the use of said ship on her said voyage, the articles mentioned in the complaint, of the value of five…

1Opinion of the Court

By the Court, Clerke, J.

This was an action against the defendants, as joint owners of a vessel, for supplies furnished for a voyage from Hew York to San Francisco. Judgment was recovered by default against Brown; the other defendants contending that the credit was exclusively given to him, while he had the control of the vessel; that the supplies were not necessary, and were furnished not only without their concurrence, but in direct opposition to their wishes, and while Brown was acting in open hostility to Lowry & Jarvis, in relation to the management of the vessel.

The plaintiffs offered in…

2Cases cited2 opinions

  1. Schemerhorn v. LoinesNew York Supreme Court · 1810
  2. Higgins v. PackardThe Superior Court of New York City · 1829

3Cited by2 opinions

  1. Stedman v. . FeidlerNew York Court of Appeals · 1859
  2. Bowen v. PetersSupreme Judicial Court of Maine · 1880

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