M'Intyre & Bradford v. Scott
New York Supreme Court
THIS action was brought to recover the value of artides furnished xby the plaintiffs, who were ship-chand- , r i • /-t lers, for the brig Ceres. The brig arrived from a voyage, the 17th November, 1807. Being in want of ship-chandlery, the plaintiffs supplied the articles, from time to time, on the order of Charles Dayton, the master.
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THIS action was brought to recover the value of artides furnished xby the plaintiffs, who were ship-chand- , r i • /-t lers, for the brig Ceres. The brig arrived from a voyage, the 17th November, 1807. Being in want of ship-chandlery, the plaintiffs supplied the articles, from time to time, on the order of Charles Dayton, the master. The brig was owned by Henry Wylie, who resided in New-York, where she was registered; and when in port, previous to her last voyage, was supplied by the plaintiffs, on the order of the master, and they were paid by Wylie. When the articles in question were…
1Per curiam
The opinions of the judges in Jackson v. Vernon, went upon the ground, that a mortgagee of a. ship, out of possession, was not liable for necessaries furnished the ship, for he does not take the freight. This is precisely such a case. All the supplies were furnished before the note, for which the ship was mortgaged as (security, became payable. No credit was given to the defendant. He was not known until after the goods were delivered. He never had the possession of the brig, nor could he obtain it; and the debt has since been paid, and the pledge redeemed. It would greatly impair the value •…
2Cited by13 opinions
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- Kimball v. Farmers & Mechanics' National BankNew York Court of Appeals · 1893
- Thorn & Thorn v. HicksNew York Supreme Court · 1827
- Davidson v. BaldwinCourt of Appeals for the Sixth Circuit · 1897
- Hesketh v. StevensNew York Supreme Court · 1849
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