Chase v. . McLean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in* favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in* favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought by plaintiff, the former master of the bark “ Commerce,” to recover $449. The complaint alleged that both defendants, Sarah C. and David W. McLean, owned the ship, the defendant David being also ship’s husband; that in such capacity David, with the knowledge and consent and by the authority of the…
1Opinion of the CourtParker, J.
The money was not borrowed for the purpose of providing a proper outfit for the vessel; to make repairs ; nor to do other necessary tilings for an immediate voyage. She was out of commission and the plaintiff, who had been her captain for three years, had terminated that relation. It was used in paying a debt contracted about three years prior with David W. McLean’s sons, for chandlery goods and ship supplies furnished to the bark “ Commerce.”
The question presented is whether a part owner of a vessel is legally responsible for the payment of money borrowed by a ship’s husband to pay a prior…
2Cases cited2 opinions
- Provost v. . PatchinNew York Court of Appeals · 1853
- McCready v. . ThornNew York Court of Appeals · 1873
3Cited by1 opinion
- Commercial National Bank of Chicago v. SlomanNew York Court of Appeals · 1909