Majority
p. 218Miln vs. Spinola.
Headnote
A mortgagee of a ship, who has taken possessipn and caused it to be registered ip his own name, will in general be liable for supplies furnished and repairs made; and tills, though his-relation to the ship was unknqwa to the prgditor when the demand arose.On error from the supreme court. The case originated in the New-York common pleas, where Spinola brought an action against Miln for stores .furnished the ship Henry Kneeland, and recovered judgment, which was afterwards affirmed by the supreme court; whereupon Miln brought error. For the facts of the case, and the opinion of the supreme court, see 4 Hill, 177 ,8.
J. W. Gerard, for the plaintiff in error.
A. S. Garr, for the defendant in error.
delivered opinions in favor of affirming the judgment of the supreme court, and Putnam and Scott, Senators, in favor of reversing.
p. 219
On the question being put, “ Shall this judgment be reversed?” the members of the court voted as follows:
For reversal: Senators Putnam, Scott, Deyo andELus-D—4.
Fot affirmance: The Chancellor, and Senatorá Bart-lit, Bockee, Denñiston, Dixon, Ely, Faulkner, Franklin, Hopkins, Lawrence, Lott, Mitchell, Platt, Porter, Rhoades, Scovil, Varney and Wright—-18.
Judgment affirmed.