Marquand v. Webb
New York Supreme Court
IN ERROR, to the Mayor’s Court of the city of New York• . . , This was an action of assumpsit for repairs performed by the defendants in error, upon a certain privateer, called the Spitfire. The cause was tried in the June term, 1817, of the Court below.
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IN ERROR, to the Mayor’s Court of the city of New York• . . , This was an action of assumpsit for repairs performed by the defendants in error, upon a certain privateer, called the Spitfire. The cause was tried in the June term, 1817, of the Court below. On the trial, the plaintiffs below proved, that in I812they had done certain repairs to the privateer, and to show that the defendant below was a part owner of the vessel at * that time, they produced Benjamin Gomez as a witness, 11* 1 • .7. - , * who being sworn on his voire dire, testified, that he was apart ¿wner of the vessel when the…
1Opinion of the CourtSpencer, J.
Ad'mitting that the defendant was part owner of the privateer, there can be no doubt that he is liable to the plaintiffs for the repairs. The case of Leonard v. Huntington, (15 Johns. Rep. 298, 302.) instead of impugning the proposition, goes to support it; for it was expressly admitted, that a master contracting for the use of the vessel, is liable, because the credit is given to him in respect to his contract, audit is also given to the owners, because the contract is on their account; but we did not consider that Huntington ' stood in the character of an owner, when the repairs were done…
2Cases cited2 opinions
- Emerton v. AndrewsMassachusetts Supreme Judicial Court · 1808
- Milward v. HallettNew York Supreme Court · 1804
3Cited by36 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Harger v. McCulloughNew York Supreme Court · 1846
- State v. WilliamsWest Virginia Supreme Court · 1878
- Spanagel v. DellingerCalifornia Supreme Court · 1869
- Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
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