Low v. . Austin
New York Court of Appeals
Appeal from, the Supreme Court. Action upon a bond executed by the defendants to discharge a vessel from an attachment. The claim exhibited by the plaintiff was for materials furnished for the building and equipping the steamboat Erastus Corning, which one Van Wie was constructing under a contract with Austin, one of the defendants.
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Appeal from, the Supreme Court. Action upon a bond executed by the defendants to discharge a vessel from an attachment. The claim exhibited by the plaintiff was for materials furnished for the building and equipping the steamboat Erastus Corning, which one Van Wie was constructing under a contract with Austin, one of the defendants. Austin paid Van Wie the full contract price for the boat upon its completion and delivery to him in May, 1854, without any knowledge of the claim of the plaintiff. The trial was before the late Mr. Justice Watson, at the Albany Circuit, a jury having been waived,…
1Opinion of the CourtComstock, J.
Van Wie contracted to furnish all the materials and to build a steamboat for Austin, and to deliver it by a certain specified day. Some payments were to be made as the work progressed, and on the delivery the whole price was to be paid in cash and promissory notes. In the argument for the defendants, *it has been assumed that under the statute (2 R. S., 493, §1) a lien existed in favor of Van Wie for all the work and materials done and furnished in the construction of the boat; and on this ground it has been claimed that no lien could arise in favor of the plaintiff for a part of the same…
2Cases cited1 opinion
- Hubbell v. Denison & BuckleyNew York Supreme Court · 1838
3Cited by3 opinions
- Haney v. The Schooner RosabelleWisconsin Supreme Court · 1866
- Coryell v. PerineThe Superior Court of New York City · 1868
- Fralick v. BettsNew York Supreme Court · 1878