Crooke & Fowke v. Slack
New York Supreme Court
Proceedings against ships and vessels. This was a motion to set aside the report of a referee, to whom had been referred the claim of the plaintiffs inan action on a bond executed by the defendants, to obtain the discharge of a steamboat from an attach- . ment issued against her.
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Proceedings against ships and vessels. This was a motion to set aside the report of a referee, to whom had been referred the claim of the plaintiffs inan action on a bond executed by the defendants, to obtain the discharge of a steamboat from an attach- . ment issued against her. The only question in the case was whether a debt contracted for wood, furnished a steamboat to supply her furnaces, was a lien within the act authorizing proceedings against ships and vessels by attachment. The referee decided that it was within the act, and accordingly allowed the plaintiffs’ claim.
1Opinion of the Court
By the Court, Nelson, Ch. J.
I am inclined to think that wood or coal furnished a steamboat for her usual trips should be construed as coming within the terms of the statute giving a lien and summary remedy, for the collection of the debt created thereby against ships and vessels, 2 R. S. 493, § 1. The terms of the act are, whenever a debt shall be contracted ct for such provisions and stores, furnished within this state, as may be fit and proper for the use of such vessel,” &c. The word provisions, strictly considered, would be confined to such articles as enter into the food or subsistence…
2Cases cited1 opinion
- Johnson v. Steam-Boat SanduskyNew York Supreme Court · 1830
3Cited by3 opinions
- Jones v. Cocomitros, New York County Courts1921
- In re FromentAppellate Division of the Supreme Court of the State of New York · 1905
- The AlidaDistrict Court, S.D. New York · 1848