Carson v. Steamboat Daniel Hillman

• Decision Date: 31 March 1852
• Citation: 16 Mo. 256
• Court: Missouri Supreme Court
• Parties: CARSON & BROOKES, Appellants, v. STEAMBOAT DANIEL HILLMAN, Respondent.

16 Mo. 256

CARSON & BROOKES, Appellants,

v.STEAMBOAT DANIEL HILLMAN, Respondent.

Supreme Court of Missouri.

March Term, 1852.

1.On an open running account against a boat, the lien continues for six months from the date of the last item.

Appeal from St. Louis Court of Common Pleas.

On the 11th day of July, 1851, Elbridge G. Clark, one of the constables of St. Louis township, levied on the steamboat Daniel Hillman, in his township, under warrants from a justice of the peace, on lien claims under the statute.The boat not being bonded out in five days, the constable, on the 17th day of July, 1851, made a statement of the fact to the St. Louis Court of Common Pleas, and on that day an order was made by the court directing the constable to sell said boat, and on the 7th day of August, 1851, the same was sold by the constable under said order, and the constable's return on the order of sale was filed in the Court of Common Pleas on the 19th day of September, 1851, on which day the Court of Common Pleas ordered the publication of a notice to creditors, to appear and present their claims for allowance on the 1st day of November, 1851.This order was duly published.On the 1st day of November, the plaintiffs filed their account for $180,59.This account commenced on February 6th, 1851, and terminated on the 28th of June, 1851.Plaintiffs proved the sale and delivery to the boat, at the request of the authorized officers thereof, of all the items in their account, at the dates in said account mentioned, and that the prices charged therefor were reasonable, and that the goods thus furnished were such as were usual and necessary for the boat.Plaintiffs asked the following instructions:

1.The plaintiffs ask the court to declare the law to be, that on an open and running account, like that presented by plaintiffs, proof of the last items of the account being in six months, will bring the whole account within the time, and preserve the lien of the first items of the said open and running account.

2.The plaintiffs ask the court to declare the law to be, that plaintiffs are entitled to recover all such items in their account as they prove they furnished to the boat in the State of Missouri, at the request, and on account, of any authorized agent of the boat, within six months before the boat was first seized, on the claims for which said boat has been sold, by order of this court.

These instructions the court refused, and plaintiffs excepted at the time.The court...