Phillips v. Myers
New York Supreme Court
This ivas an appeal from an order denying a motion, by the defendant on the judge’s minutes at circuit, for a new trial. The action was brought under the “ act to provide for the collection of demands against ships and vessels,” to recover the amount of a bill for timber furnished by the plaintiff in the construction of a barge. ' The barge was attached under the act, and a bond given by the owner. The suit was brought upon the bond.
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This ivas an appeal from an order denying a motion, by the defendant on the judge’s minutes at circuit, for a new trial. The action was brought under the “ act to provide for the collection of demands against ships and vessels,” to recover the amount of a bill for timber furnished by the plaintiff in the construction of a barge. ' The barge was attached under the act, and a bond given by the owner. The suit was brought upon the bond. The cause ivas tried at the Richmond circuit, and the jury found a verdict for the plaintiff.
1Opinion of the Court
By the court, Lott, J.
It is clearly shown by the testimony of the plaintiff himself, that the agreement made by him with Ellis, the builder, for furnishing the timber for the vessel in question, was not entered into in this state. He states that they had three interviews on the subject. Two of them took place in the city of New York. At the first, the price at which he would furnish the lumber was talked over, but “ no bargain was consummated then.” The second was had “ some weeks after ” the first, at which “ there was some talk, but no particular point,” about furnishing the timber; and he…
2Cited by1 opinion
- The Sarah J. WeedDistrict Court, D. Massachusetts · 1877