Ramsay v. Allegree,
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25 U.S. 611 (1827)
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U.S. Supreme Court
Ramsay v. Allegree, 25 U.S. 611 (1827)
Ramsay v. Allegree
25 U.S. 611
The Court affirmed the decree of the circuit court on an appeal by a materialman who had filed a libel in personam in the admiralty side of the district court to recover the amount of work done and materials furnished for a vessel bound on a foreign voyage, he having taken a promissory note for the amount of his claim, which it did not appear by the record, had been tendered to be given up.
This was a libel filed in the district court by the appellant Ramsey against the respondent, Allegre, alleging that the appellant, at the special instance and request of the respondent, owner, ship's husband, or consignee of the schooner Dorothea, had performed various work and labor and found and provided various materials for the use of the said schooner to equip and prepare her for a voyage on the high seas, amounting to the sum of $2,428.84; that the appellant had often applied to the respondent for payment and been refused, and praying process according to the course of the admiralty, &c. A plea was filed by the respondent alleging, among other things, that he had given the libellant his negotiable promissory note for the debt. It appeared at the hearing that the appellant had furnished the materials in question at the respondent's request, and
that the latter had given his negotiable promissory note for the same, which the appellant accepted, giving the following receipt therefor: "Received a note, at four months, which, when paid, will be in full for the above amount." The note not having been paid, this suit was brought. The district court dismissed the libel upon the ground that the jurisdiction of that court, as an instance court of Admiralty in the cause, was waived by the acceptance of the promissory note, and the decree having been affirmed in the circuit court, upon the same ground, the cause was brought by appeal to this Court.