Merritt v. Johnson
New York Supreme Court
THIS was an action of trover. At the trial, the fol lowing facts were proved : On the 24th September, 1805, Joseph Travis, and Thenezer Merritt, entered into an agreement, by which Travis, who is a shipwright, in consideration of 1,300 dollars, agreed to build a sloop for him, of certain di«tensions, expressed in the agreement. Travis engaged to furnish the timber requisite to complete the frame of the vessel, at the ship-yard.
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THIS was an action of trover. At the trial, the fol lowing facts were proved : On the 24th September, 1805, Joseph Travis, and Thenezer Merritt, entered into an agreement, by which Travis, who is a shipwright, in consideration of 1,300 dollars, agreed to build a sloop for him, of certain di«tensions, expressed in the agreement. Travis engaged to furnish the timber requisite to complete the frame of the vessel, at the ship-yard. The ioiner’s work was tobe 7 r J u done at the expense of Ebenezer Merritt. The vessel A was to be completed and launched on or before 4th July, 1806. Ebenezer Merritt…
1Per curiam
The plaintiff has not shown a right of-property in the sloop' so as to entitle him to an action of trover. The sloop was built by Travis, not on the ground of the plaintiff, or of Ebenezer Merritt, from whom he purchased his present right of action. It was built on ground belonging to third persons, and hired by Travis for this purpose. The principal part of the materials for the sloop, such as the timber for the frame, was furnished by Travis, and the sloop was one third finished and planked up to the-wales, when she was seized and sold by the sheriff as the property of Travis, and under…
2Cited by24 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Mack v. . SnellNew York Court of Appeals · 1893
- Gregory v. StrykerNew York Supreme Court · 1846
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
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