Steamboat Charlotte v. Hammond
Supreme Court of Missouri
POINTS AND AUTHORITIES. 1. The giving the notes by the owner of the boat did not discharge the lien, so as to prevent the prosecution of the claim, under the act of Assembly, against the boat by name. 6 Missouri Rep. 552, 555. 2. The giving of a note is not an extinguishment of the original cause of action, unless there was an express agreement that it was given and received in extinguishment, and that the plaintiff took upon himself the risk of the payment of the note.
Read the full summary
POINTS AND AUTHORITIES. 1. The giving the notes by the owner of the boat did not discharge the lien, so as to prevent the prosecution of the claim, under the act of Assembly, against the boat by name. 6 Missouri Rep. 552, 555. 2. The giving of a note is not an extinguishment of the original cause of action, unless there was an express agreement that it was given and received in extinguishment, and that the plaintiff took upon himself the risk of the payment of the note. United States Reports, 10 Peters’ Rep. 567; 6 Cranch Rep. 258; 4 Mason’s Rep. 142, (New York Rep.) 18 John. Rep. 277; 5…
1Opinion of the CourtScott, J.
This was a proceeding instituted by the defendant in error, against the plaintiifin error, under the statute providing for the collection of demands against boats and vessels. The plaintiff in error was indebted to the defendant in error, a mechanic, for materials furnished and labor performed on her. The plaintiff’s statement of the cause of action contains an account of the services rendered, at the foot of which is a receipt in these words, “Received payment by note 4 months, dated May 3d.” The note thus given by the owner of the boat accompanies the statement of the cause of action, and…
2Cases cited2 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Tobey v. BarberNew York Supreme Court · 1809
3Cited by2 opinions
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Morrison v. The Steamboat LauraSupreme Court of Missouri · 1867