Mallory v. . Gillett
New York Court of Appeals
Appeal from the Supreme Court. The complaint was, that the plaintiff, at the request of one Haines, had taken upon his dry-dock the canal boat Metropolis, and put upon it repairs to the value of $125. The boat being in the plaintiff’s possession under a lien for the repairs, he refused to deliver it to Haines or to any other person until the amount should be paid; whereupon the defendant, in consideration of the premises and that the plaintiff would deliver the boat to…
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Appeal from the Supreme Court. The complaint was, that the plaintiff, at the request of one Haines, had taken upon his dry-dock the canal boat Metropolis, and put upon it repairs to the value of $125. The boat being in the plaintiff’s possession under a lien for the repairs, he refused to deliver it to Haines or to any other person until the amount should be paid; whereupon the defendant, in consideration of the premises and that the plaintiff would deliver the boat to Haines, promised the plaintiff to pay the amount, due for such repairs. The plaintiff thereupon .delivered the boat to…
1DissentBacon, J.
(Dissenting.) This case presents a single question, and a proposition apparently so simple that the first emotion is perhaps one of surprise that there could be any question in regard to it, since, in the multitude of decisions with which the books are filled touching the construction of the statute of frauds, it would seem that the rule applicable to a case which, in its essential features, must so often have arisen, must be settled by authority. My own conviction is, that the rule which governs this case has been long and well established, in opposition to the conclusion of the referee and…
2Cases cited13 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barker v. BucklinNew York Supreme Court · 1846
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Farley v. ClevelandNew York Supreme Court · 1825
- Chapin v. MerrillNew York Supreme Court · 1830
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