Leonard & M'Cartee v. Huntington
New York Supreme Court
THIS was an action of assumpsit, for work done and materials furnished by the plaintiffs, in repairing the brig Recompense, against the defendants, as owners of the brig.
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THIS was an action of assumpsit, for work done and materials furnished by the plaintiffs, in repairing the brig Recompense, against the defendants, as owners of the brig. The cause was tried before Mr. J. Spencer, at the New-York sittings, in April, 1817. The brig was repaired by the plaintiffs, who were ship-carpenters in the city of New-York, during the month oí September, 1815. She was originally registered at Middletown, in the state of Connecticut, and the register was in the name of the defendants as owners, from April, 1815, to the 28th of September, in the same year, including the…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court. The. demand on which this action is founded is for repairs done to the brig Recompense. The ground upon which it is sought to make the defendants responsible, is that they were owners of the brig. But this ground is not, under the circumstances of this case, tenable. The brig, on the 3d of May, 1815, had been chartered by Bingham for a voyage to the West Indies. The next day, she was purchased by Bingham, but, by the contract, a bill of sale was not to be given until the stipulated price was paid, or secured to be paid: possession was taken…
2Cited by23 opinions
- American Car & Foundry Co. v. BrassertSupreme Court of the United States · 1933
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- Scull v. RaymondDistrict Court, S.D. New York · 1883
- Thorn & Thorn v. HicksNew York Supreme Court · 1827
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
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