Sheppard v. Steele
New York Supreme Court
This is an appeal from a judgment entered upon the report of a referee on the 9th day of December, 1867, in Ulster county clerk’s office, in favor of the plaintiff, against the defendants, for $761.16, damages and costs.
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This is an appeal from a judgment entered upon the report of a referee on the 9th day of December, 1867, in Ulster county clerk’s office, in favor of the plaintiff, against the defendants, for $761.16, damages and costs. This action was upon a bond given by William G. More and the defendants Steele and Mills, under section 11 of the “ act to provide for the collection of demands against ships and vessels,” passed April 24, 1862 (Laws of 1862, page 596), to procure the discharge of the schooner “ Charles S. Bayliss,” which had been seized by virtue of a warrant issued under said act. The…
1Opinion of the Court
By the Court —
Ingalls, J.
It seems to be settled by authority that, in case a vessel, upon which labor has been expended and materials furnished in its construction, has not departed from the port where the work was performed and materials were provided, the lien created by statute for such labor and materials continues, although a specification of such lien provided by the statute of 1862 (p. 957, § 2), has not been filed. (In the Matter of Tilton, 19 Abb., 50; Delany v. Brett, 4 Rob., 712.)
*419It is contended by the counsel for.the appellant that, from the facts in this case, the vessel must be…
2Cases cited4 opinions
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- In re Steamship CircassianNew York Supreme Court · 1867
- Bird v. Steamboat JosephineNew York Supreme Court · 1867
- Delaney v. BrettThe Superior Court of New York City · 1866