Legal Opinion

The Steamboat Falls City v. Kerr

Supreme Court of Minnesota

Decided January 15, 1857Published

The Complaint set forth that the “ Plaintiff furnished and loaned to J. B. Gilbert, who was the master and manager of said boat and in command thereof, the sum of $416 51 in money, for the use of said boat, to buy and purchase stores and supplies for said steamboat: which sum was immediately laid out, expended and used in purchasing and furnishing stores, provisions and supplies for the use and benefit of said boat, and which were afterwards used on said boat to enable her…

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The Complaint set forth that the “ Plaintiff furnished and loaned to J. B. Gilbert, who was the master and manager of said boat and in command thereof, the sum of $416 51 in money, for the use of said boat, to buy and purchase stores and supplies for said steamboat: which sum was immediately laid out, expended and used in purchasing and furnishing stores, provisions and supplies for the use and benefit of said boat, and which were afterwards used on said boat to enable her to proceed in her usual business in carrying freight and passengers,” &c. That, at the time the money was so furnished,…

1Opinion of the Court

WRIT OF ERROR TO THE DISTRICT COURT OF RAMSEY COUNTY.

Nathaniel P. Kerr, the Plaintiff below, sued the Steamboat Palls City, under Chapter 86 of the Devised Statutes of Minnesota.

The Defendant demurred to the Plaintiff’s complaint, upon the ground,—

First. That'it did not show that the debt therein specified was contracted on account of supplies furnished for the use of said boat, nor for any other matter or thing specified in section 1, chapter 86 of the Devised Statutes.

*391Third. Because it sliows that the Plaintiff received and accepted a negotiable draft or instrument for said indebtedness on…

2Cases cited5 opinions

  1. Olcott v. RathboneNew York Supreme Court · 1830
  2. Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
  3. Coit v. TracySupreme Court of Connecticut · 1831
  4. Day & Penfield v. Leal & LealNew York Supreme Court · 1817
  5. Weed v. SnowU.S. Circuit Court for the District of Michigan · 1843

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