Wilson v. . Lawrence
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. (Reported below, 18 Hun, 56.) This action was upon a bond executed by defendants to discharge a warrant issued in proceedings under the act, chapter 482, Laws of 1862, to enforce a lien against the schooner “ La Ninfa.”
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. (Reported below, 18 Hun, 56.) This action was upon a bond executed by defendants to discharge a warrant issued in proceedings under the act, chapter 482, Laws of 1862, to enforce a lien against the schooner “ La Ninfa.” During the summer of 1877, Fred Beach was engaged in the construction of the schooner “La Ninfa,” at Port Jefferson, in Suffolk county, Long Island, and on the 18th day of…
1Opinion of the CourtFinch, J.
The principal question in this case is whether the contract to furnish the schooner La Ninfa with sails was a land contract, or purely maritime. It is conceded that the case is one of admiralty jurisdiction, and the lien sought to be enforced under the State law must wholly fail, unless the contract for sails was a land contract. The authorities are very clear that an agreement for the building and construction of a vessel is not maritime. (People's Ferry Co. v. Beers, 20 How. [U. S.] 402; Roach v. Chapman, 22 How. 129; Morewood v. Enequist, 23 id. 491; Edwards v. Elliott, 21 Wall. 532;…
2Cases cited4 opinions
- Edwards v. ElliottSupreme Court of the United States · 1874
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Roach v. ChapmanSupreme Court of the United States · 1860
- Happy v. . MosherNew York Court of Appeals · 1872
3Cited by11 opinions
- Smith v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1893
- The Robert W. ParsonsSupreme Court of the United States · 1903
- McDonald v. NimbusMassachusetts Supreme Judicial Court · 1884
- Globe Iron Works Co. v. The Steamer "John B. Ketcham, 2nd"Michigan Supreme Court · 1894
- Eberson v. Continental Investment Co.Missouri Court of Appeals · 1908
6 more not listed; retrieve them via the Exa API.