Legal Opinion

Watkinson v. Laughton

New York Supreme Court

Decided May 15, 1809PublishedCited by 1 opinion

THIS was an action brought to .recover damages for the non-delivery of certain goods shipped at Liverpool, on board of a vessel, of winch the defendant was master, and consigned to the plaintiff on his own account. The defendant having been held to bail, Griffin, in his behalf, now moved for his discharge, on filing common bail. It appeared that a similar application had been made to the recorder of New-Tork, in the last vacation, who had refused to discharge the defendant.

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THIS was an action brought to .recover damages for the non-delivery of certain goods shipped at Liverpool, on board of a vessel, of winch the defendant was master, and consigned to the plaintiff on his own account. The defendant having been held to bail, Griffin, in his behalf, now moved for his discharge, on filing common bail. It appeared that a similar application had been made to the recorder of New-Tork, in the last vacation, who had refused to discharge the defendant. On showing cause before the recorder, the plaintiff’s affidavit stated, that he could not certainly know that the goods…

1Opinion of the CourtSpencer, J.

This is a new application to this court, founded on a notice, in the usual way; it is, therefore, proper to receive new affidavits.

2Per curiam

We consider the affidavit of the plaintiff which was read as sufficient, and the motion must, therefore, be denied.

Rule refused.

3Cited by1 opinion

  1. Doremus v. KinneyNew York Supreme Court · 1846

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