Franklin v. Pendleton
The Superior Court of New York City
Case subject to the opinion of the court. The cause was transferred from the supreme court, where it was tried before Edmonds, circuit judge, in March, 1847. The action was debt, on a bond executed by the defendants in June, 1845, to the plaintiffs, on the attachment of the steamboat Virginia, by them under the statute.
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Case subject to the opinion of the court. The cause was transferred from the supreme court, where it was tried before Edmonds, circuit judge, in March, 1847. The action was debt, on a bond executed by the defendants in June, 1845, to the plaintiffs, on the attachment of the steamboat Virginia, by them under the statute. The suit was prosecuted for the benefit of the plaintiff, G-. H. Franklin, whose demand against the vessel was for materials furnished to one Driggs, at his request, a» “ master, owner, or agent” towards the repairing, fitting, furnishing, or equipping the vessel. At the…
1Opinion of the CourtBy the Court. Mason, J.
The right of the plaintiff to recover in this cause is denied principally on three grounds.
I. It is alleged that the affidavit of the plaintiff, as an attaching creditor, presented to the judge who issued the warrant, is defective—that it does not state whether Driggs, at whose request the articles were furnished, was master, owner or consignee, but only that he was one or the other—that the articles are stated to have been furnished for the use of the vessel, and not for or towards the building, equipping or repairing &c., as required by the act; and that the facts and circumstance…
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