Elizabeth J. Barnard, Mary A. Barnard, Corrine Barnard, William S. Barnard and Thomas Barnard were the infant children and sole heirs of Thomas Barnnard who had passed away. Their guardian and next friend was William Cannon who brought a case to the Supreme Court on their behalf against Mar in 1855. The court ruled that Mar must pay an amount of money for damages caused by his negligence which resulted in the death of Thomas Baranrd due to a steamboat accident on Lake Erie near Buffalo Harbor in New York State two years prior to this ruling being made by the Supreme Court justices at that time.

In the dissenting opinion of this case, Justice Grier argued that the complainants were not entitled to a recovery because they had failed to prove their title. He noted that while it was true that Thomas Barnard had been in possession of the land for many years prior to his death, he did not have legal title and thus could not pass any rights on to his heirs. Furthermore, Justice Grier stated that even if Thomas Barnard had held some sort of equitable interest in the property, such an interest would be extinguished upon his death as there was no evidence presented showing any agreement between him and Mar regarding succession or inheritance. Ultimately, Justice Grier concluded by stating that since no valid claim had been established by either party in this dispute over ownership rights, neither should receive a recovery from the court.