Rees v. Jutte

Citations

• 153 Pa. 56
• 25 A. 998
• 1893 Pa. LEXIS 1050

Syllabus

<p>Ships and shipping — Lien—Act, April 20, 1858.</p> <p>Under the act of April 20, 1858, P. L. 363, giving a lien on vessels navigating the rivers Allegheny, Monongahela and Ohio for work and materials furnished, and limiting the duration of the lien to two years, a person having an account for materials furnished and work done in building a boat, and a subsequent later account for work and materials furnished in repairing the boat, cannot unite these accounts so as to extend the lien of the construction account two years beyond the date of the last item of the repair account; nor can separate accounts for repairs made at different periods be so consolidated.</p> <p>Statute of frauds — Promise to pay debt of another.</p> <p>Where a parol promise is to pay a debt of another composed of separate and independent accounts, some of which are liens on defendant’s property, and some of which are not, the promise is valid and enforceable only as to the account which was a lien when the promise was made.</p> <p>Affidavit of defence — Promise to pay repairs to boat.</p> <p>In an action to enforce a promise to pay for repairs on a boat, an affidavit of defence is sufficient which avers that defendant bought the boat upon the assurance of the seller that there was no lien or claim against it; that his promise to pay for repairs was intended to embrace only such claim as was then a lien on the boat, and that the accounts in suit, while for repairs upon it, related to repairs made at different periods, from one to eight months apart, and were separate accounts which did not extend the lien of the account for the first repairs beyond two years from the date of the last item in it.</p>