71 N.Y. 413 | NY | 1877
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *415 The action was brought upon a bond executed by the defendants to obtain the release of a canal boat from a warrant issued pursuant to the act relating to the collection of demands against ships and vessels.
A number of questions are raised which affect the validity of the proceedings under the attachment which are proper subjects for consideration. It is quite apparent that Pierce Sons were the builders of the canal boat within the meaning of the acts of 1862 and 1863, and the facts presented are very similar to those in the case of (Happy v. Mosher, (
The canalboat was, we think, a vessel within the meaning of the statute, which created the lien. In Mott v. Lansing, *417
(
There is no ground for claiming that the act in question was in violation of the Constitution of the United States. Jurisdiction is vested in the courts of the United States in all matters of contract or tort in certain cases, as when the vessels are sea-going or ocean-bound, or for the coasting-trade, and employed in business of commerce and navigation between ports in different States and territories. (Propellor Genesee Chief v. Fitzhugh,
12 How. [U.S.], 443.) And a distinction exists between maritime contracts, as in a case for supplies, etc., to a vessel engaged in navigation, and contracts not maritime for work and supplies in the construction of a vessel not launched. In the latter case it is held that the provisions of the act of 1862 are not in conflict with admiralty jurisdiction, and therefore are not unconstitutional, and the cases are numerous which uphold such a lien. (Sheppard v. Steele,
The decision In re Josephine (
The General Term reversed the judgment of the court below upon the authority of Squires v. Abbott (
It follows that the General Term were right in holding that the case last cited was decisive of the question, and in reversing the judgment, and the same must be affirmed, with costs.
All concur, except CHURCH, Ch. J., absent.
Order affirmed, and judgment accordingly. *420