Darby v. Steamboat Inda
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The statute of this State does not irnpo.se a lien upon, or authorize an action against a vessel by name, upon a note given by the master— such note may be evidence of the amount due, but the cause of action must be alleged and proved to be one of those enumerated in the statute.
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ERROR to St. Louis Circuit Court. POINTS AND AUTHORITIES. 1. The statute of this State does not irnpo.se a lien upon, or authorize an action against a vessel by name, upon a note given by the master— such note may be evidence of the amount due, but the cause of action must be alleged and proved to be one of those enumerated in the statute. Revised Code, 1835, p. 102, acts 1838. 2. Both the lien upon the boat and the right of action against her by name, are limited to six months after the cause of action accrued. The timbers furnished, for which the note was given, were furnished before the…
1Opinion of the Court
McBride, J ,
delivered the opinion of the Court.
This was an action under the statute providing for the collection of demands against boats and vessels. ■ R. C. 102.
*647The complaint filed in the cause alleges that the defendant is indebted to the plaintiff for work done and materials provided by the plaintiff’s intestate, in building the hull of the steamboat Inda ; that the demand is evidenced by anote executed by one Alter, captain of the Inda, which is exhibited with the complaint, and is dated 11th October, 1842, and payable'on the 1st February, 1844. The defendant filed his demurrer to the…
2Cited by1 opinion
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