Moores v. Lunt
New York Supreme Court
Demurrer to complaint. This action was brought upon a bond given to discharge an attachment issued against the steamship Metropolis, to enforce a lien for materials sold in the city of New York for said steamship, then in course of construction in the State of Massachusetts. When the vessel came to this port an attachment was issued against her, therefor, under the act of 1862; and the bond in suit was given to procure her release.
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Demurrer to complaint. This action was brought upon a bond given to discharge an attachment issued against the steamship Metropolis, to enforce a lien for materials sold in the city of New York for said steamship, then in course of construction in the State of Massachusetts. When the vessel came to this port an attachment was issued against her, therefor, under the act of 1862; and the bond in suit was given to procure her release. A demurrer was interposed to the complaint, on the following grounds : 1. That the court had no jurisdiction of the subject of the action. 2. That the complaint…
1Opinion of the CourtBrady, J.
The Metropolis was lying upon the stocks, unfinished, and in the course of construction, when the contract referred to was entered into and performed.
The claim is for materials furnished to a vessel before launching, and while on the land, and is not, therefore, maritime in its nature (Sheppard v. Steele, 43 N. Y., 54; see also Brookman v. Hamill, Id., 554).
If the materials had been delivered at Newburyport, in the State of Massachusetts, the objection that the debt was one not contracted within this State, might be plausible under the ruling in Mullin v. Hicks (49 Barb., 250); but it is…
2Cases cited2 opinions
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- Mullin v. HicksNew York Supreme Court · 1867