United States v. Crookshank
New York Court of Chancery
Batid R. Lambert of the city of New York had given to the defendants, George Crookshank and John — M'Gill, respectivcly, bonds and mortgages, for securing moneys honestly due to them, upon different parts of his real estate in the city of New York, A long time after, and on the seventh day of May one thousand eight hundred and twenty-five, he gave a bond at the custom-house for securing the duties upon goods imported by him.
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Batid R. Lambert of the city of New York had given to the defendants, George Crookshank and John — M'Gill, respectivcly, bonds and mortgages, for securing moneys honestly due to them, upon different parts of his real estate in the city of New York, A long time after, and on the seventh day of May one thousand eight hundred and twenty-five, he gave a bond at the custom-house for securing the duties upon goods imported by him. It was made payable nine months after date, On the twenty-eighth day of the same month he'gave a bond, 1% o 7*7 7 77* 1 ior a similar purpose, which was made payable in…
1Opinion of the Court
The Vice-Chancellor.
The question in this ease is, whether the surplus remaining in court sho.uld be applied towards the debts of these defendants, mortgagees, in virtue of their respective liens, or whether the United States are entitled to a priority of payment of the two bonds ?
The United States assert no lien upon the funds in court, but claim a priority of payment under the 65th section of the act of Congress of the 2d day of March, 1799. This section provides, that, “ in all cases of insolvency or where any estate “ in the hands of executors, administrators or assignees shall “ be…
2Cases cited2 opinions
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
3Cited by4 opinions
- United States v. DuncanU.S. Circuit Court for the District of Illinois · 1850
- Coleman v. ColemanNew York Surrogate's Court · 1882
- United States v. WilkinsonU.S. Circuit Court for the District of Western Missouri · 1878
- Taylor v. DoddNew York Supreme Court · 1873