Decker v. Furniss
The Superior Court of New York City
. This action came "before the court on appeal from a judgment of the Special Term. It was tried on the 15th of June, 1853, "before Justice Bosworth and a jury.
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. This action came "before the court on appeal from a judgment of the Special Term. It was tried on the 15th of June, 1853, "before Justice Bosworth and a jury. The plaintiffs, William J. Decker and Charles Brown, in their complaint, alleged that the defendants, William P. Furniss and William H. Brown, were indebted to the plaintiffs, who are copartners in business as ship-joiners, in the sum of $1,333 T272„, with interest from the 26th of January, 1850, for the work and labor, care and diligence of the plaintiffs, béfore that time, done, performed, and bestowed, in and for the defendants,…
1Opinion of the CourtBy the Court. Bosworth, J.
No evidence was given or offered by the defendants. There was no conflict in the evidence given by the plaintiffs. It either established, or was insufficient prima facie to establish, that the defendants were joint owners of the steamboat Rhode Island during the time the labor was performed, and the materials were furnished, to recover the value of which the action is brought. Whether they were such joint owners was the only question controverted at the trial.
The instrument of the first of Hovember, 1849, declares that defendant Brown “ hereby sells” one-half of the steamer “ as she now is,”…
2Cited by1 opinion
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