King v. . Greenway
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a report of a referee and granting a new trial. This action was brought upon a bond executed by the defendant to obtain the release of a steam canal boat from a warrant issued under the act providing for the collection of demands against ships and vessels.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a report of a referee and granting a new trial. This action was brought upon a bond executed by the defendant to obtain the release of a steam canal boat from a warrant issued under the act providing for the collection of demands against ships and vessels. (Chap. 482, Laws of 1862; amended by chap. 422, Laws of 1863.) The referee found, substantially, the following facts : That during the years 1873 and 1874, the defendant, John Greenway, was…
1Opinion of the CourtMiller, J.
The action was brought upon a bond executed by the defendants to obtain the release of a canal boat from a warrant issued pursuant to the act relating to the collection of demands against ships and vessels.
A number of questions are raised which affect the validity of the proceedings under the attachment which are proper subjects for consideration. It is quite apparent that Pierce & Sons were the builders of the canal boat within the meaning of the acts of 1862 and 1863, and the facts presented are very similar to those in the case of (Happy v. Mosher, (48 N. Y., 813,) and Sheppard v. Steele,…
2Cases cited9 opinions
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Happy v. . MosherNew York Court of Appeals · 1872
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- Brookman v. . HamillNew York Court of Appeals · 1871
- Delaney v. . BrettNew York Court of Appeals · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Berryman v. Southern Surety Co.Supreme Court of Missouri · 1920
- Phœnix Iron Co. v. Vessels " Hopatcong " & " Musconetcong"New York Court of Appeals · 1891
- Jones v. MooresNew York Supreme Court · 1893
- Yarnberg v. WatsonOregon Supreme Court · 1884
- Gladwish v. The NiagaraDistrict Court, S.D. New York · 1887
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