Secor v. . Sturgis
New York Court of Appeals
Appeal from the Supreme Court. Action upon a bond executed under section thirteen of title eight, chapter eight, part three of the Revised Statutes (2 R. S., 495), to procure the discharge of a vessel from an attachment issued upon application of the plaintiffs.
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Appeal from the Supreme Court. Action upon a bond executed under section thirteen of title eight, chapter eight, part three of the Revised Statutes (2 R. S., 495), to procure the discharge of a vessel from an attachment issued upon application of the plaintiffs. The complaint alleges that at the time of making application for the attachment, and at the time of the execution of the bond, there was due to the plaintiffs the sum of $521.15, for materials and articles furnished in the repairing, furnishing and equipping of said vessel at the city of New-York, at the request of the master; that…
1Opinion of the CourtStrong, J.
It is not controverted that the account, the amount of which is sought to be recovered in this action, was due to the plaintiffs, and a lien on the vessel, at the time of the application for the attachment, and also at the time of the execution of the bond on which this action is founded; but it is insisted that the said account, and the account for which judgment was recovered in the District Court of the United States, together, constituted a single cause of action, and that the judgment for part of it is a bai to a recovery in this action for the residue. The answer does not, in express…
2Cases cited3 opinions
- Farrington v. PayneNew York Supreme Court · 1818
- Miller v. CovertNew York Supreme Court · 1828
- The Overseers of the Poor of the Town of Sherburne v. The Overseers of the Poor of the Town of NorwichNew York Supreme Court · 1819
3Cited by158 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Perry v. . DickersonNew York Court of Appeals · 1881
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- James W. Herendeen v. Champion International CorporationCourt of Appeals for the Second Circuit · 1975
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