Vose v. . Cockcroft
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment in favor of the plaintiff. This is an action upon a bond, given for the release of the brig Jachin from a warrant of attachment,issued under the following circumstances: The defendant, Cockcroft, was the owner of the brig, he being a resident of the city of New York, and the vessel being in a domestic port at the time mentioned, and one Lovejoy the master thereof.
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Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment in favor of the plaintiff. This is an action upon a bond, given for the release of the brig Jachin from a warrant of attachment,issued under the following circumstances: The defendant, Cockcroft, was the owner of the brig, he being a resident of the city of New York, and the vessel being in a domestic port at the time mentioned, and one Lovejoy the master thereof. Lovejoy, as such master, on March 9th, 1859, contracted a debt with the plaintiffs, on account of materials and supplies, and…
1Concurrence
It is provided by the Revised Statutes (part 3, chap. 8, title 8, as amended by chap. 79 of the Laws of 1859), that whenever a debt amounting to fifty dollars, on sea-going or ocean-bound vessels, shall be contracted by the master, owner, agent or consignees of any vessel, for such provisions and stores, furnished within this State, as may be fit and proper for the use of such vessel, such debt shall be a lien upon said vessel, which lien shall have a preference over certain other liens mentioned; and it is further provided that such lien may be enforced by a summary proceeding in rem, by a…
2Cases cited5 opinions
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cadwell v. ColgateNew York Supreme Court · 1849
- Pendleton v. . FranklinNew York Court of Appeals · 1852
- Ford v. CrockerNew York Supreme Court · 1866