Shaw v. Tonns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel T. Shaw, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 1st day of February, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This is an action in replevin to recover possession of a house boat, brought by the owner against a ship carpenter to whom it had been delivered for the purpose of repairing. But one question is raised on this appeal. The defendant claimed a lien on the boat for the amount due him for work and materials. On the trial the plaintiff showed that the defendant had given Kraemer Brothers the following order:
“ College Point, June 25th, 1896.
“ Samuel T. Shaw, Esq.:
“ Dear Sir.—- Will you please pay to Kraemer Bros, the amount of balance on contract and also on extra work and 'charge to my…
2Cases cited1 opinion
- Tallman v. . HoeyNew York Court of Appeals · 1882
3Cited by5 opinions
- In re the Judicial Settlement of the Account of GurlitzNew York Surrogate's Court · 1918
- Bleitz v. Bryant Lumber Co.Washington Supreme Court · 1920
- Moffatt v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- Moffatt v. BaileyAppellate Division of the Supreme Court of the State of New York · 1897
- In re Stamford Road Const. Co.District Court, D. Connecticut · 1933